Click To Call 24/7

Florida Medical Malpractice Attorneys


If you or a loved one needs medical care, treatment or surgery, you rely on doctors, nurses and medical providers to listen to your physical complaints, treat you appropriately and timely diagnose your condition.  You put your trust in these medical professionals, expecting that they have the education, training and experience necessary to meet the standard of care.  Unfortunately, medical malpractice in Florida is all too common and has recently become the third-leading cause of death in the United States.

At the Fernandez Firm, our Florida medical malpractice attorneys have decades of experience prosecuting negligent medical professionals and won over $90 Million in jury verdicts and negotiated settlements on behalf of wrongfully injured clients. If a negligent health care provider has caused or contributed to the injury or death of someone you love, our law firm may be able to help.  Please contact our medical malpractice attorneys, as quickly as possible, to allow them sufficient time to investigate your personal injury claim and protect your rights.  In Florida, your time to act is limited.

Please contact our Florida medical malpractice today if you have questions about the quality of your medical care at 1-800-222-8163.   For a quick on-line evaluation, click here for a free malpractice case review.

What is Medical Malpractice in Florida?

Many people incorrectly believe that medical malpractice is conduct that is more serious than simple negligence.  However, this is not the case.  Medical malpractice in Florida is defined as ordinary negligence by a health care provider that causes injury to a patient. It is no different in theory than negligence by a motorist who does not pay attention and causes a rear-end auto accident resulting in personal injury.

The Florida medical malpractice statute Chapter 766, specifically defines the standard of care as that level of care, skill and treatment which is recognized as acceptable and appropriate by a reasonably prudent similar health care provider under similar circumstances. Generally, the standard of care is described as doing what a reasonable doctor (or nurse, dentist, etc.) would do under the same circumstances.

Statute of Limitations for Medical Malpractice in Florida

The statute of limitations is the deadline set by law, for filing a lawsuit Florida.  If you file a suit after that date, your case can and generally will be dismissed regardless of merit.  The statute of limitations for medical malpractice in Florida is two (2) years from the date when an injured patient, their family member or guardian either knew, or should have known that the injury has occurred as a result of medical malpractice.   

Given the very confusing statute of limitations, if you believe that you or a loved one may have a claim for medical malpractice you should contact an experience lawyer as soon as possible to learn the precise deadline for pursuing your potential case.  Often there is a great deal of work required to investigate these very expensive cases and many medical malpractice attorneys will not agree to investigate such cases unless there are several months remaining on the statute of limitations.

Types of Medical Malpractice Cases We Handle

At the Fernandez firm, our Tampa Florida medical malpractice attorneys have considerable experience in litigating and trying these difficult and often hard-fought liability claims.  Over the years, our lawyers have won millions of dollars at trial for victims of all types of medical malpractice in Florida.

Attorneys Jennifer Fernandez and Frank Fernandez regularly handle and file the following types of claims for medical malpractice in Florida:

  • Anesthesia Mistakes
  • Bedsore and Pressure Sores
  • Birth Injuries
  • Brachial Plexus Injuries
  • Cerebral Palsy
  • Cosmetic Surgery Malpractice
  • Erbs Palsy
  • Emergency Room Malpractice
  • Failure to Diagnose
  • Heart Attacks
  • Hospital Negligence
  • Misdiagnosis
  • Prescription Errors
  • Pulmonary Embolism
  • Strokes
  • Surgical Errors
  • Traumatic Brain Injuries
  • Wrongful death

If you have questions, our Florida medical malpractice attorneys are available to answer to your legal questions 24 hours a day, 7 days a week.  We pride ourselves in handling all types of cases no matter the size.   With a track record of more than $90 million in documented jury awards and settlements in Florida, we have developed a solid reputation as skilled trial attorneys who are dedicated to helping their clients begin again after a medical malpractice injury or a wrongful death in Florida.  Call today for a no-cost case review or, simply submit a free online case evaluation form.

What is Medical Malpractice in Florida?

Medical malpractice cases encompass a wide range of behavior by a medical professional resulting in serious injury or death. While most doctors, nurses and other healthcare providers make few mistakes, medical errors can have devastating consequences when they do occur. In order to prove medical malpractice, an injured party must establish that the medical professional negligently deviated from the prevailing standard of care in their care or treatment of their patient.

Failure to Diagnosis, Incorrect Diagnosis, or Misdiagnosis

When you go to the doctor for a health-related matter, you expect them to clearly and competently diagnose your condition and to properly treat it. Delays in diagnosing the problem can lead to serious and permanent injuries and even death in some cases. Our professionals will assess the situation to see if the treating physician should have taken additional action in the case. If another professional would have handled the case differently, our attorney might be able to hold them responsible for their error.

Childbirth Injuries

Injuries to a fetus or newborn are sometimes due to medical malpractice or negligence. These might include broken bones, brachial plexus injuries, brain injuries, nerve damage, or cerebral palsy. Negligence also encompasses improper prenatal care that could harm the newborn, the mother, or both. Examples include failure to diagnose possible complications in the mother, failure to identify high-risk pregnancies, failure to identify birth defects and failure to inform the mother that a Cesarean section is necessary.

Prescription Errors

Prescription errors injure an estimated 1.5 million people across the nation annually, according to a 2006 study. These mistakes can be due to confusion in medication, the wrong prescription, or giving a prescription to the wrong patient. One of the most frequent mistakes is when the incorrect amount of a drug is given to a patient because the physician wrote the wrong dose, the wrong dose was given, or equipment malfunctioned that is designed to release the correct dose.

Surgery and Anesthesia Errors

When a person undergoes an operation, the surgeon or nurses can make mistakes, such as leaving an instrument inside the person, puncturing an organ, or operating on the wrong side of the body. Staff might fail to provide the correct follow-up care. Anesthesiologists can also make serious mistakes that can cause serious injury, brain damage, or death. The anesthesiologist must review the person’s medical history, advise the patient of risks, give the correct amount of anesthesia, correctly intubate the patient, and correctly monitor the patient’s vital signs. A mistake in any of these areas might be considered medical malpractice.

Florida Medical Malpractice – Call Today!

Injured by medical malpractice in Florida?  Call our Florida medical malpractice attorneys today, as your time fully investigate a claim, hire medical experts as required by statute to corroborate your case and file lawsuit is very limited under Florida law.

There is no charge for our legal consultation and, if there is no recovery, there are no attorneys’ fees or costs due.  Call today for a free consultation 1-800-222-8163.

We don’t get paid unless we Winand we want to win!