Clearwater Stroke Attorneys
The doctor who evaluated your stroke may never have been in the room with you. If a neurologist assessed you over a video screen while the local staff followed along, and something still went wrong, you are left with a confusing question: who was actually responsible for the care that failed you? Our Clearwater stroke lawyers untangle exactly that, and hold the right parties accountable when a stroke evaluation, in person or remote, falls short and causes lasting harm.
The Fernandez Firm has recovered over $100 million for Florida clients across 30 years, including hospital negligence cases tried to verdict.
You pay nothing unless we win.
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Can You Sue if a Remote “Telestroke” Neurologist Missed or Mishandled Your Stroke?
Yes, in many situations. Telestroke, where a hospital connects to a board-certified neurologist by video to evaluate a stroke, is now common at hospitals that do not keep a stroke neurologist on site around the clock. When that remote evaluation falls below the standard of care and causes harm, the remote neurologist, the hospital, and the on-site staff can all potentially share responsibility.
These cases are more complex than a standard malpractice claim because the care was split between a remote provider and a local team. The remote neurologist relied on the local staff to position the patient, run the exam, and send imaging. The local team relied on the neurologist’s read and recommendation. When something breaks down in that handoff, figuring out where the failure happened and who owned that step is the core of the case.
We identify every provider and entity involved in your evaluation, on screen and in the room.
What Can Go Wrong in a Telestroke Evaluation?
Plenty, and each failure point can support a claim if it caused avoidable harm. The most common problems are delay and miscommunication, not the technology being futuristic.
A teleconsult that should have been activated the moment stroke was suspected can be started late. The video or imaging connection can fail or lag, degrading the exam. The remote neurologist can misread a scan, miss the window for the clot-dissolving drug commonly called tPA, or fail to recommend an urgent transfer for a stroke needing specialized intervention. The local team can misreport symptoms or mishandle the setup so the remote doctor never sees the full picture. Any of these, measured against the standard of care, can be negligence.
The proof lives in the records: the teleconsult activation time, the imaging, and the documentation of what the remote neurologist recommended and when.
Who Is Legally Responsible When Care Is Split Between a Screen and a Room?
Responsibility can fall on the remote neurologist, the company that employs them, the hospital, the on-site staff, or a combination. That is exactly why these cases need an attorney who will map the entire chain rather than assuming the local hospital is the only defendant.
Remote neurologists are often employed by outside telemedicine companies contracted by the hospital, which raises questions about which entity is accountable for the remote provider’s decisions. The hospital remains responsible for its own staff and for the systems it chose to rely on, including whether its telestroke setup actually worked when a patient needed it.
We investigate the contracts, the employment relationships, and the records to determine every party that bears responsibility.
If you believe a Clearwater-area hospital failed you, you can also file a complaint with the Florida Agency for Health Care Administration (AHCA), which licenses and inspects hospitals statewide. A complaint does not affect your right to also pursue a claim.
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What Kinds of Hospital Negligence Cases Has the Fernandez Firm Recovered?
The firm’s record is built on holding hospitals and providers accountable when their failures cause lasting harm, including cases that took years to resolve because we would not accept a low offer.
In one Tampa hospital negligence case, we secured $3.57 million at trial after four years of litigation, because the hospital refused to pay fair value until a jury was ready to decide. Our largest result, a $36.7 million verdict upheld on appeal, involved life-threating brain injury caused by medical negligence. A telestroke case rests on the same foundation: proving a preventable failure caused permanent damage, no matter how many parties were involved or where they were sitting.
Past results do not guarantee a similar outcome in your case.
Why Bring a Clearwater Stroke Case to the Fernandez Firm?
Because a case involving split remote-and-local care is more complicated than most firms want to take on, and complexity is exactly what this firm is built for. Sorting out liability between a hospital, its staff, and a contracted telemedicine company takes real investigation, medical experts, and the resources to pursue multiple defendants at once.
Florida also requires a pre-suit investigation before a malpractice suit can be filed. Under Florida Statute §766, your attorney must investigate, obtain a sworn expert opinion, and formally notify each defendant, who then has 90 days to respond before a lawsuit can proceed in Pinellas County’s Sixth Judicial Circuit. When multiple defendants are involved, that notice must go out correctly to each one.
Frank F. Fernandez III and Jennifer Gentry Fernandez handle these cases personally. You can verify any Florida physician’s license and disciplinary history, including a neurologist who evaluated you remotely, through the Florida Department of Health’s MQA Search Services.
Who Will Handle Your Clearwater Stroke Case?
When you hire the Fernandez Firm, Frank F. Fernandez III or Jennifer Gentry Fernandez will personally handle your case.
Your file will not be passed to an associate or managed by support staff.
Frank has tried medical malpractice cases throughout Florida for more than 30 years, including in Pinellas County. Florida Trend Magazine has named him to its Legal Elite, and he has been recognized as a Top Attorney by Tampa Bay Magazine.
Jennifer Gentry Fernandez has litigated medical negligence cases since 1994, initially defending doctors and hospitals, and now representing only patients and families. She is a peer-selected plaintiff medical malpractice Super Lawyer, has been named a Top Attorney by Tampa Bay Magazine since 2017, and was named to Tampa Style‘s ‘Top Women in the Law 2026.’
Clearwater Stroke Malpractice FAQs
Real questions Clearwater families ask before they call.
Can I sue a doctor who evaluated my stroke over video instead of in person?
Yes. A neurologist who evaluates you by video is still held to the medical standard of care. If that remote provider misread your imaging, missed the treatment window, or failed to recommend a needed transfer, and you were harmed, they can be held liable, often along with the hospital and the telemedicine company that employed them.
The hospital blamed a delay on a technical problem with the video system. Is that a defense?
Usually not. A hospital that chooses to rely on a telestroke system is responsible for making sure it actually works when a patient needs it. A connection failure or setup delay that pushed a patient past the treatment window can support a claim rather than excuse one. We investigate exactly what failed and who was responsible for it.
Who do I sue if a remote neurologist made the mistake but works for another company?
Potentially several parties. The remote neurologist, the telemedicine company that employs them, and the hospital that relied on them can all share responsibility depending on the facts. We investigate the contracts and employment relationships to identify every party accountable for what happened to you.
How long do I have to file a stroke malpractice claim in Florida?
In most cases, Florida gives you two years from the date of the accident or injury to file suit. Before you can file, Florida law requires the Chapter 766 pre-suit process, investigation, a sworn medical expert opinion, and a formal Notice of Intent to Initiate Medical Malpractice served on each defendant, which takes months to complete. Exceptions apply for fraud and for cases involving minors. Contact us promptly so we can confirm the deadline that applies to you. Florida mandates an extensive pre-suit investigation, including obtaining a verified medical expert opinion before serving your claim. Because gathering medical records and expert reviews takes months, waiting until your two-year window is closing can permanently jeopardize your case.
What is the pre-suit process for a Clearwater stroke malpractice claim?
Florida requires a pre-suit investigation under Florida Statute §766 before a lawsuit can be filed: your attorney investigates, obtains a sworn medical opinion, and formally notifies each defendant, who has 90 days to respond. Only then can the case proceed in the Sixth Judicial Circuit. When multiple defendants are involved, this must be done correctly for each.
Can both the hospital and the remote doctor be sued in the same case?
Yes. Florida law allows multiple defendants in one case when more than one party’s negligence contributed to the harm. In telestroke cases, that often means the hospital, its on-site staff, the remote neurologist, and the telemedicine company are all examined for their role.
What compensation can I recover in a stroke malpractice case?
Current and future medical costs including rehabilitation and long-term care, lost income and earning capacity, and compensation for pain, disability, and reduced quality of life. In cases involving death, surviving family may recover funeral costs and the loss of the person’s support and companionship.
Will my case settle, or will it go to trial?
Most malpractice cases settle, but usually only after the defense sees the plaintiff is genuinely prepared for trial. We build every case as if it is going before a Pinellas County jury, which is what drives a fair settlement rather than a low one.
What Does This Cost You?
Nothing up front. We advance the cost of investigation, expert witnesses, and litigation, and our fee comes as a percentage of what we recover, only if we win. If we do not recover for you, you owe us nothing.
Tell Us What Happened
If you or a loved one suffered a stroke and the care, whether in the room or over a screen, made it worse, talk to us before you accept anything from the hospital or its insurer. We will review the full chain of care and tell you honestly what we see.
Serving Clearwater From Our St. Petersburg and Tampa Offices
St. Petersburg: 360 Central Ave #840 — (727) 451-9919 Tampa: 2503 W Swann Ave #100 — (813) 365-3349
Call (800) 222-8163, available 24 hours a day, 7 days a week.
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The Fernandez Firm – Tampa Office
2503 W Swann Ave #100,
Tampa, FL 33609
Phone: (813) 278-1032