Tampa Medical Malpractice Attorneys
When you enter a hospital, you trust that the doctors, nurses, and staff will adhere to the highest standards of safety and medical expertise. Whether a facility markets itself as “one of the nation’s top hospitals by U.S. News and World Report,” or a specialized practice, such as a “Comprehensive Stroke Center”, patients are entitled to reasonable, competent medical care and treatment.
When that care falls short, the consequences are often catastrophic. At The Fernandez Firm, we hold hospitals and health care providers accountable when they fail to provide the level of care, skill, and treatment that reasonably prudent similar health-care providers would under the same circumstances.
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Understanding Hospital and Medical Standards in Tampa
Hospitals that advertise specialized designations, such as Comprehensive Stroke Centers, certify to the public that they provide the highest level of care available to treat patients suffering signs and symptoms of a stroke. However, medical malpractice may occur across any department. Key standards include:
- Rapid Response: Health care facilities must have protocols in place that are activated immediately when a patient presents with a critical presentation, including acute trauma, a surgical emergency, or signs and symptoms consistent with a stroke.
- Expert Oversight: When a patient requires complex or specialized intervention, care must be directed by appropriately qualified specialists rather than by general medical staff.
- Standard of Care: All hospital facilities have a legal duty to follow well-established clinical guidelines and internal safety protocols.
When a hospital fails to deploy necessary resources, misinterprets critical symptoms, or causes preventable harm, it may be liable for medical malpractice. Our firm investigates whether the facility and its medical providers followed its internal policies, clinical protocols, and recognized professional standards of care.
Hospital Liability vs. Individual Provider Liability
One of the most complex aspects of malpractice litigation is determining who is responsible.
- Direct Hospital Liability: Hospitals are responsible for their own policies, training, and staffing levels. If a facility fails to ensure adequate specialist coverage 24/7, the hospital itself is liable for the resulting harm.
- Negligent Credentialing: Hospitals have a duty to ensure that every physician and health care provider they authorize to work in their medical facility has the documented competency to do so. Failing to vet health care staff is a breach of its fiduciary duty to its patients.
- Systemic Failures: Modern medical care depends on sophisticated electronic communication systems. When hospital software, triage systems, messaging, or internal handoffs fail to alert appropriate medical specialists, preventable delays in diagnosis and treatment can result. When those system failures cause a patient harm and damage, the hospital corporation and members of its staff may be held accountable.
Common Misconceptions About Medical Malpractice
- Myth 1: “If I arrived at a large, well-known hospital, I received the best care.” Size doesn’t matter. Even major hospital facilities can suffer from systemic failures when internal safety policies and procedures are ignored.
- Myth 2: “The doctor’s clinical decision is unchallengeable.” While doctors have discretion, that discretion must operate within reasonably established standards of care. Violating standard protocols is malpractice, not just a “judgment call.”
- Myth 3: “Some permanent disability is normal after a severe illness.” While outcomes may vary depending on the nature and severity of the illness, some permanent injuries can be prevented. In many cases, significant and lasting injuries result from preventable delays in diagnosis, treatment, or appropriate medical intervention.
What Types of Medical Malpractice Cases Do We Take in Tampa?
We focus on cases where the complexity of the medical environment contributed to the injury. We represent clients in:
- Delayed Diagnosis & Treatment: Missed symptoms of an impending stroke, heart attack, or septic infections where “time is tissue.”
- Surgical Errors: Preventable mistakes occurring during complex neurosurgery or orthopedic procedures.
- Birth Injuries: Cases involving childbirth injuries including brachial plexus damage or oxygen deprivation resulting in brain damage during labor and delivery.
- Wrongful Death: Holding health care facilities accountable when negligence or diagnostic failure leads to a loss of life.
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The Fernandez Firm Advantage
We are a Tampa-based medical malpractice firm with 30 years of experience trying complex cases throughout Florida and in the Hillsborough County Circuit Court. We have recovered over $100 Million for our Florida clients, including a $36.7 Million verdict in a birth injury case.
Unlike many firms that routinely delegate cases to associates, your case will be handled personally by Frank F. Fernandez III or Jennifer Gentry Fernandez. We prepare every case for trial from day one, demonstrating to large health care corporations and their defense attorneys from the outset that your claim will be taken seriously, pursued quickly and professionally, and taken to trial when necessary. We play to win.
Past results do not guarantee a similar outcome in your case.
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Understanding Damages in Florida Malpractice Cases
- Economic Damages: We retain qualified experts to develop a comprehensive “Life Care Plan” to identify and document the anticipated costs of long-term care, including speech therapy, physical rehabilitation, home modifications, assistive services, future medical treatment, and any lost earnings.
- Non-Economic Damages: We demand compensation for “loss of enjoyment of life” and the emotional toll on your family, understanding that a medical malpractice injury is life-changing.
- We Encourage Early Settlement Discussions: Hospital corporations and their insurance companies often understand the significant economic losses a family may face following a catastrophic injury. We provide them with all information and supporting materials necessary to allow for a meaningful evaluation of the claim and encourage ongoing settlement discussions to avoid the undue costs associated with litigation. discussions..
Frequently Asked Questions
- What compensation can I recover? Recoverable damages include past and future medical expenses, lost earning capacity, pain and suffering, and loss of enjoyment of life.
- How long do I have to file a claim? Florida generally enforces a two-year statute of limitations from the date of injury or the patient’s death.
- What is the pre-suit investigation process? Florida Statute § 766 requires a mandatory good faith investigation, a sworn expert affidavit, and formal written notice to each defendant before a lawsuit can be filed in Florida. This ensures that every claim has merit.
- What if more than one provider was involved? Hospital cases often involve multiple specialists and departments. We identify every liable party to ensure the hospital and all negligent health care providers are held accountable.
What Does Hiring Us Actually Cost?
Nothing up front. We take a percentage of what we recover, plus costs, and only if we recover damages on your behalf. The expense of expert witnesses, medical record retrieval, and investigation is ours, not yours, while your case is pending. We only get paid if we win.
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Additional Resources for Florida Patients
- Verify a Physician’s License (Florida Department of Health)
- Search Hospital Quality Reports (Florida Health Finder)
- Understanding Stroke Treatment Guidelines (National Institutes of Health)
Let’s Find Out What Happened to You
If you or a loved one suffered a life-changing injury due to medical negligence, do not wait to have the case reviewed. We will consult with qualified experts and carefully review the medical records to determine if your care met the appropriate medical standards.
Kindly contact us today if you have questions.
The Fernandez Firm 2503 W Swann Ave #100, Tampa, FL 33609 (813) 365-3349. Available 24/7 for a free, no-obligation case review.
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Client Testimonial
“The Fernandez Firm was there for my husband and me in our time of need. Brandi Triplett was transparent, knowledgeable, and always provided guidance throughout our case. I will always speak highly of Mr. Fernandez and the firm to anyone who needs representation. They have earned our business for life!” -Carolina P. ★ ★ ★ ★ ★
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The Fernandez Firm Medical Malpractice Attorneys
2503 W Swann Ave #100
Tampa, FL 33609