Sarasota Bedsore Attorneys
Discovering that a loved one suffered a pressure sore, unstageable pressure injury or deep tissue injury (“DTI”) in a hospital is heartbreaking. Holding that medical facility legally accountable often hinges on a crucial detail most families never think to ask: who actually owns and operates the hospital?
If the injury occurred at Sarasota Memorial Hospital, its status as a public, county-owned facility changes the legal landscape dramatically. Under Florida sovereign immunity laws, recovery against publicly owned hospitals is capped at $200,000 per individual or $300,000 per incident, regardless of the severity of the neglect and resulting injury.
Conversely, if the negligence occurred at a private facility like Doctors Hospital of Sarasota, an entirely different set of rules and recovery potential apply.
Directing Your Claim with 25+ Years of Experience
Navigating public vs. private hospital claims requires immediate legal clarity. At Fernandez Firm, our Sarasota medical malpractice attorneys determine which rules apply to your case from day one.
- Over 25 Years Prosecuting Complex Medical Malpractice & Bedsore Claims
- Over $100 Million Recovered for Florida Patients and Families
- Free, Confidential Consultation — No Fee Unless We Win
Does It Matter If the Bedsore Developed at Sarasota Memorial or a Private Facility?
Yes. The ownership structure of the facility directly affects your potential recovery and legal requirements:
- Sarasota Memorial Hospital (Public): As a government-operated facility, claims are subject to Florida’s Sovereign Immunity laws. Recovery is capped at $200,000 per person (or $300,000 per incident), limits apply to attorney fees, and a mandatory state governmental notice is required prior to filing. Sovereign immunity may also extend to its affiliated rehabilitation and transitional care units.
- Doctors Hospital of Sarasota (Private): Private facilities are not subject to sovereign immunity damage caps. Claims proceed under Florida’s standard medical malpractice framework (Florida Statute §766).
Determining the hospital facility’s ownership and licensing from day one is critical to protecting your legal rights and maximizing your potential recovery.
What Types of Bedsore Cases Do We Handle in Sarasota County?
Our Sarasota personal injury lawyers handle all stages of pressure injury (commonly known as bedsores, pressure sores or decubitus ulcers) cases suffered by hospital patients throughout Sarasota County, including in the Venice area served by Sarasota Memorial’s additional campus.
Medical Stages of a Pressure Injury
Our legal team handles all stages of pressure injuries:
- Stage 1: Red, intact skin that does not blanch (turn white) when pressed. This injury may be difficult to visualize on patients with darker skin tones.
- Stage 2: Broken skin forming a blister, shallow open sore, or abrasion.
- Stage 3: Deep cratering where tissue damage extends through the skin into underlying fatty tissue.
- Stage 4: Severe tissue loss extending into muscle, tendon or bone. With this type of injury there is a high risk of life-threatening complications like osteomyelitis and sepsis.
- Unstageable: Covered by dead tissue (slough or eschar) that obscures the depth of this pressure injury. Once surgically debrided by a specialist, these are typically diagnosed as Stage 3 or Stage 4 pressure injuries.
- Deep Tissue Pressure Injury (DTI / DTPI): Persistent, non-blanchable deep red, maroon, or purple discoloration caused by intense pressure and shear forces between bone and muscle.
Nursing Standard of Care
Patients with high-risk profiles or DTIs legally require regular turning and repositioning, at least every two (2) hours, to relieve pressure. Specialized mattresses do not eliminate the need for hands-on nursing care.
Reporting Hospital Negligence in Florida
If you suspect sub-standard medical care in Sarasota County, you may file a formal complaint with the Florida Agency for Health Care Administration (AHCA), the state entity that licenses and inspects healthcare facilities.
Note: An AHCA complaint is an administrative action and does not replace or restrict your right to pursue legal action and seek financial compensation.
What Has the Fernandez Firm Recovered in Bedsore and Neglect Cases?
- $2.3 Million — Wrongful death resulting from complications due to a Stage 4 pressure sore injury.
- $1.1 Million — Settlement involving Stage 4 bedsore suffered by a brain injury patient in a Tampa hospital.
- $700,000 — Settlement Stage 4 pressure injury suffered by a 73-year-old hospital patient.
- $500,000 — Stage 4 buttock bedsore injuries suffered by a 40-year-old in Polk County.
Past results do not guarantee a similar outcome in your case.
Why Choose the Fernandez Firm for Your Sarasota Bedsore Case?
Because identifying which legal framework applies, public or private, is often the first and most consequential step in a Sarasota medical malpractice case.
Cases involving Sarasota Memorial require correctly filing a government notice within a specific statutory deadline, in addition to strict compliance with Florida’s pre-suit investigation under Florida Statute §766. Missing either requirement can jeopardize an otherwise strong claim and result in its dismissal.
Cases involving private facilities like Doctors Hospital follow the standard process without those additional steps, but still require the same good faith presuit investigation, expert review with accompanying sworn affidavit and formal written Notice of Intent to Initiate Medical Malpractice before a lawsuit can proceed in the Twelfth Judicial Circuit.
Who Will Handle Your Sarasota Bedsore Case?
At the Fernandez Firm, Jennifer and Frank Fernandez personally handle every pressure injury case the firm accepts. Not a paralegal or an associate attorney.
Frank F. Fernandez III has spent more than 30 years litigating medical malpractice and negligence cases, including cases involving both public and private facilities throughout Florida. He has been recognized by Florida Trend Magazine as one of Florida’s Legal Elite and named a Top Attorney by Tampa Bay Magazine. He has been selected by his peers for the past ten years as a “Super Lawyer.”
Jennifer Gentry Fernandez graduated from Stetson University’s College of Law, where she was a member of the award-winning national trial team. She also has been named a Top Attorney by Tampa Bay Magazine multiple times and consistently recognized as a medical malpractice “Super Lawyer.”
Sarasota Bedsore FAQs
The questions Sarasota families ask before they call.
Can I actually sue Sarasota Memorial for a bedsore, given that it’s a government hospital?
Yes, but recovery is capped by Florida’s sovereign immunity rules, currently limiting what can be paid out per claimant and per incident unless the Florida Legislature passes a special claims bill. A separate government notice must also be served before a lawsuit may be filed. We handle both statutory requirements.
My loved one’s bedsore developed while they were in a rehab unit connected to Sarasota Memorial, not the main hospital. Does that change anything?
It might. Whether sovereign immunity applies can depend on how that specific unit is organized and licensed and who provided the negligent care. We investigate this early, in every case involving any Sarasota hospital facility, since it directly affects how the claim should be valued and pursued.
Is it better to have my loved one’s bedsore claim be against a private facility instead of Sarasota Memorial?
Not necessarily better, but procedurally simpler. A private facility claim does not involve sovereign immunity caps or a government notice requirement. That said, the strength of a case depends on the facts of the neglect itself, not just which type of facility was involved.
My family member splits time between Sarasota and another state. Can we still bring a claim if the injury happened here?
Yes. Florida law governs negligence claims that occurred in Florida regardless of where your family member or you currently live in another state. We represent clients and families located throughout the country whose loved one was harmed while in Sarasota.
How do I find out whether a Sarasota facility has a history of care problems?
Facility inspection histories and licensing information are part of what we review during every investigation, since a pattern of prior issues can strengthen a case significantly.
Does it matter which company actually employed the nurse or aide who provided the care?
Yes. In some cases, care is provided by staffing agency employees rather than direct facility employees, which can affect who is legally responsible and whether that hospital is protected by sovereign immunity for their negligence.
Will my case settle, or will it go to trial?
Most civil litigation cases settle before trial, but only because the facility knows we’re prepared to take it to trial. Cases against Sarasota Memorial often involve a different negotiation dynamic given the statutory caps, which we factor into strategy from the beginning of the case.
What compensation can a family recover?
You may recover medical costs, pain and suffering, loss of enjoyment of life and, in Sarasota wrongful death cases, funeral expenses and loss of services and companionship. Claims against Sarasota Memorial are subject to sovereign immunity caps on the total amount collectible.
How long do I have to file a bedsore claim in Sarasota County?
Generally two years from the date of accident or injury to file suit under Florida’s statute of limitations. Florida law requires a good faith presuit investigation and expert affidavit before you can file suit. Different notice deadlines also apply when the defendant is a government entity. Failure to meet these mandatory statutory conditions precedent may jeopardize your right to bring a claim. Please contact us promptly if you have any concern about your timeline.
What is the pre-suit process for a claim against Sarasota Memorial specifically?
In addition to Florida’s standard pre-suit investigation under Florida Statute §766, claims against Sarasota Memorial require a separate government notice filed with specific timeframes under Florida’s sovereign immunity law. Both must be completed correctly before a lawsuit can proceed in the Twelfth Judicial Circuit.
What Does This Cost You?
Nothing. We advance all costs of investigation, expert review, depositions and court filings. Our fee is only paid if we make a recovery on your behalf and is a percentage of the total recovery.
In sovereign-immunity cases, our attorney’s fees are subject to applicable statutory caps of 25%.
Contact Our Sarasota Bedsore Attorneys
If you or a loved one developed a pressure sore injury while a patient in a Sarasota County hospital, or health care facility, call us before you sign anything or meet with representatives from the facility or its insurer. We will tell you which rules apply to your specific situation.
Call (800) 222-8163 or contact us online. Available 24 hours a day, 7 days a week.
The Fernandez Firm – Sarasota Office
1990 Main St #782,
Sarasota, FL 34236
Phone: (941) 214-9897