Clearwater Medical Malpractice Lawyers
Most people think a medical malpractice case is only about what a doctor, nurse or therapist did wrong. Sometimes the stronger case is about who let that doctor or health care provider practice in the first place.
Hospitals have a duty to screen, approve, and monitor the persons they give privileges to or allow to work in their facilities. When hospital corporations ignore a history of complaints, brush over prior disciplinary actions, or overlook obvious warning signs, a pattern other staff members noticed, it can be held responsible for their own negligence, separate and apart from the medical provider’s mistake.
Our Clearwater medical malpractice attorneys investigate these issues in every case. We do not stop at the bad outcome; we look at the systemic breakdown that may have allowed negligence to happen. For over 25 years, the Fernandez Firm Medical Malpractice Attorneys have recovered over $100 million, helping patients and families injured throughout Florida. The consultation is free, and you only pay us if we win.
Get Your Free Case Review Today!
Can a Hospital Be Sued for Who It Lets Practice There?
Yes. This is called negligent credentialing, and it’s a separate legal theory from a standard medical malpractice claim.
A hospital is supposed to review a physician’s training, board certification, malpractice history, and any prior disciplinary record before granting privileges. That review is supposed to continue, not stop, once the doctor is approved.
When a hospital grants or keeps privileges for a physician it knew, or should have known, posed a risk to patients, the hospital can be held responsible for the harm that follows. This applies whether the physician is a direct employee or works there as an independent contractor in an emergency room, for example.
We request a physician’s full credentialing file as part of every hospital-based investigation.
What Types of Cases Do We Handle in Clearwater?
Wrongful death, missed or delayed diagnosis of stroke and cancer, brain injuries, birth injuries, anesthesia mistakes, surgical errors, and Florida bedsore or pressure injuries developed due to nursing neglect make up a significant part of our caseload against the major healthcare systems and Clearwater-area hospitals.
We also look closely at any case where a provider’s background, if properly reviewed, should have raised concerns before they ever provided care and treatment to the patient.
How Do You Know If You Have a Medical Malpractice Case?
You may have a case if a provider’s care fell below the accepted standard of care, the level of skill a competent provider in the same situation would have shown, and that failure caused you loss, injury or damage. A bad outcome alone is not sufficient. A clear deviation from accepted practice is required under Florida law.
The only way to determine if you have a viable malpractice case is to have experienced attorneys, like Jennifer and Frank Fernandez, and an independent medical expert review your records. We do that at no cost.
If you believe a Clearwater doctor or health care facility caused you injury, you can also file a complaint with the Florida Agency for Health Care Administration (AHCA), which licenses and regulates health care providers statewide. A complaint does not impact your legal right to pursue a medical malpractice claim.
You can also investigate the license and any prior disciplinary history of a Florida physician through the Florida Department of Health’s MQA Search Services before or after contacting our law firm.
Speak With a Clearwater Medical Malpractice Lawyer — Free Consultation!
What Has the Fernandez Firm Won for Clients in the Tampa Bay Area?
Our largest result, a $36.7 Million birth injury verdict, was upheld on appeal. It came from years of preparation and a willingness to try the case rather than settle early.
- $6.3 Million — Brain injury due to a Pinellas County health care providers’ failure to recognize signs of pediatric stroke
- $5.3 Million – Judgment after a jury verdict for a Lakeland-area woman who suffered a fall in her hospital room after surgery resulting in a permanent nerve injury
- $4.25 Million — Settlement for a 45-year-old whose stroke was misdiagnosed by multiple physicians in an Orlando-area hospital, resulting in devastating neurological injuries.
- $2.6 Million — Verdict in the wrongful death of a young St. Petersburg mother, plus $550,000 recovered in pretrial settlements with other medical providers
Past results do not guarantee a similar outcome in your case.
Why Choose the Fernandez Firm for Your Clearwater Medical Malpractice Case?
Because we investigate the hospital’s decisions, not just the negligent doctors.
A negligent credentialing case requires detailed records most personal injury law firms never think to request: peer review files, prior privilege applications, complaint histories. We know what to request and how to read it.
Florida’s pre-suit investigation process under Florida Statute §766 makes medical malpractice cases procedurally difficult to file. This complex specialty of law requires your attorney to investigate the claim, obtain a sworn medical expert opinion, and serve a formal written notice called a “Notice of Intent” on each defendant before a lawsuit can be filed in Pinellas County.
Once the Notice of Intent is served, the defendant then has 90 days in which to respond. Any error in this process or failure to respond in good faith can result in a complete dismissal of your case.
Who Will Handle Your Clearwater Medical Malpractice Case?
When you hire the Fernandez Firm, Frank F. Fernandez III and Jennifer Gentry Fernandez personally review and handle every injury case.
Frank F. Fernandez, III, has spent more than 30 years litigating and trying medical malpractice cases throughout Florida, including in Pinellas County. He has been recognized by Super Lawyers for the past ten years, listed by Florida Trend Magazine as one of Florida’s Legal Elite and was selected by his peers as one of the Best Lawyers in America in 2022.
Jennifer Gentry Fernandez. has litigated numerous medical negligence cases since 1994 — initially defending doctors and hospitals, later representing only patients and families.
She has been consistently selected by her peers as a plaintiff medical malpractice “Super Lawyer” since 2017 and on numerous occasions has been named as one of the Top Attorney by Tampa Bay Magazine. She is also a distinguished member of Stetson University College of Law’s national award-winning trial team.
Clearwater Medical Malpractice FAQs
What Clearwater families ask before they call.
Can I sue the hospital, or only the doctor who treated me?
In many cases, you may have negligence claims against both the doctor and the hospital. If the hospital failed to properly vet, credential, or monitor the doctor’s care, that can create a separate claim from the doctor’s own negligence.
We evaluate both issues in every hospital-related case. Florida law recognizes that hospital corporations may be directly liable for negligent credentialing and supervision, even when a physician is not its employee.
How would I even know if a doctor had a history of problems before treating me?
In most cases, you would not. Credentialing records are not publicly available, which is why a thorough investigation by an experienced medical malpractice attorney is so important.
Our attorneys look for prior complaints, disciplinary actions and other warning signs the hospital knew or should have known about before they treated you.
Does it matter if the doctor was an independent contractor instead of a hospital employee?
Not for a negligent credentialing claim. A hospital’s duty to screen and monitor the physicians allowed to practice there applies regardless of whether the doctor is an employee or an independent contractor.
What if my doctor seemed qualified and experienced?
Even a doctor who appears experienced may have a troubling history. Credentialing issues are not always about obvious inexperience; sometimes they involve prior incidents, complaints, disciplinary or insufficient credential problems the hospital should have addressed before allowing them privileges to work with unknowing patients in their hospitals.
How long do I have if I just found out about a credentialing issue, even though my treatment happened years ago?
Under Florida law, you have two years from the date of accident or injury to file a lawsuit. However, before you can file a malpractice suit, you must have a qualified medical expert review the case and provide an affidavit stating that the health care provider deviated from the standard of care and caused you injury.
You must also notify the defendant of your claim, in writing, detailing their alleged negligence. This process takes considerable time. Thus, if you have been injured by a medical provider, please contact us as soon as possible so that we may have adequate time to investigate the case and protect your rights.
Does the Fernandez Firm have experience in Clearwater courts?
Yes. For over 30 years, we have filed and litigated cases throughout Florida, successfully tried medical malpractice cases in Pinellas County and are familiar with the local courts, judges and the defense firms which represent many of Clearwater’s healthcare providers.
What is the pre-suit investigation process?
Florida requires investigation, a sworn expert opinion, and formal notice to each defendant under Florida Statute §766, before a lawsuit can be filed. The defendant then has 90 days to respond.
What damages can I recover?
Past and future medical costs, lost income, pain and suffering, and loss of enjoyment of life. Wrongful death cases can include funeral costs and loss of companionship.
How long do I have to file a lawsuit?
Under Florida law, you have two years from the date of accident or injury to file a lawsuit. However, before you can file a malpractice suit, you must have a qualified medical expert review the case and provide an affidavit stating that the health care provider deviated from the standard of care and caused you injury. You must also notify the defendant of your claim, in writing, detailing their alleged negligence. This process takes considerable time.
Will my case settle or go to trial?
Most of our cases settle before trial, but only because the defendants know that we are experienced malpractice lawyers who are willing to trial if a doctor or facility’s insurer will not offer fair compensation. We prepare for trial from day one.
Can a credentialing claim exist alongside a regular malpractice claim?
Yes. They are separate legal theories that can be pursued together in the same case, against the same or different defendants.
We Don’t Get Paid Unless You Win
You owe us nothing unless we win your case. No retainer. No hourly fees. No upfront costs.
We advance the costs of the investigation, expert witnesses, and litigation so you can focus on recovering. Our fee is an agreed-upon percentage of your recovery, collected only if we win. If we do not recover for you, you pay nothing.
The consultation is always free.
Ready to Talk to a Clearwater Medical Malpractice Attorney?
If you or a loved one were harmed by a doctor, hospital, or healthcare provider in Clearwater or anywhere in Pinellas County, you deserve a straight answer about whether you have a case.
The Fernandez Firm serves Clearwater clients from our Tampa and St. Petersburg offices, both within easy reach of Pinellas County.
St. Petersburg Office: 360 Central Ave #840, St. Petersburg, FL 33701 — (727) 451-9919
Tampa Office: 2503 W Swann Ave #100, Tampa, FL 33609 — (813) 365-3349
Call (800) 222-8163 or contact us online. We are available 24 hours a day, 7 days a week.
Free Case Review — No Fee Unless We Win!
The Fernandez Firm – Main Tampa Office
2503 W Swann Ave #100,
Tampa, FL 33609
Phone: (813) 365-3349