Sarasota Medical Malpractice Lawyers
Florida lawmakers are currently considering a change to one of the biggest obstacles families face when harmed at Sarasota Memorial Hospital. A bill has already passed the Florida House that would raise the damage caps that have protected the hospital from full accountability for years
If you or a family member has been harmed by a medical error at Sarasota Memorial, or another Sarasota County facility, potential damage caps add uncertainty to an already difficult situation. Our Sarasota medical malpractice lawyers can explain where things stand right now, not just in theory, and how your case would be affected.
The Fernandez Firm has recovered over $100 million for Florida clients over the past 25 years, including cases against both public and private hospitals. The consultation is free.
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Is It About to Get Easier to Hold Sarasota Memorial Accountable?
Not yet, but hopefully soon.
Sarasota Memorial has been shielded by Florida’s sovereign immunity law, which limits what damages a claimant can collect to $200,000 per person and $300,000 per incident, regardless of what a jury might award, since 1949, when it was established as a public hospital.
But this immunity, conveyed by the Legislature over 75 years ago, is now being reconsidered. House Bill 145, which passed the Florida House by a 104 to 7 vote, would raise those caps to $500,000 per person and $1 million per incident, with a further increase scheduled for 2030.
The bill still must clear the Senate and be signed into law before this change would take effect. If and when the law takes effect, and whether it applies retroactively, matters enormously to current and future medical negligence cases. We continue to track this closely and will tell you exactly where things stand when you call.
Why Is It So Hard to Find a Lawyer for a Sarasota Memorial Case?
Because the current law caps both what you can recover and what an attorney can charge to take the case.
In addition to the $200,000/$300,000 damage limits, Florida law caps attorney fees at 25% in sovereign-immunity cases. Combined with the cost of expert witnesses and a multi-year investigation, many firms simply cannot afford to take these cases, even strong ones.
This is part of why we built our practice the way we did. Taking on a case with capped recovery and capped fees only works if a firm has the volume and the trial experience to make the math function. We have both, and we will tell you honestly if your specific facts make sense for you to pursue your potential case under the current caps.
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What Types of Cases Do We Handle in Sarasota?
The most common medical malpractice cases are wrongful death, brain injuries, missed or delayed diagnosis of stroke and cancer, birth injuries, anesthesia mistakes, and Sarasota bedsore and pressure injuries from nursing neglect, which make up most of our caseload throughout Sarasota County: at Sarasota Memorial, private facilities like Doctors Hospital of Sarasota and against individual providers and medical practices.
Doctors Hospital, owned by HCA, does not have sovereign immunity. Patients who suffer injury caused by medical error there can seek full justice, without any limitations on damages that apply at Sarasota Memorial.
How Do You Know If You Have a Case?
You may have a case if a healthcare provider’s care fell below the standard of care, what a reasonably competent provider in the same specialty would have done, and that failure caused real harm.
A bad outcome alone isn’t enough. A documented failure to follow accepted protocols, paired with serious harm, usually is. We review medical records and consult independent medical experts to determine if you have a medical malpractice case – all at no cost to you. We don’t get paid unless and until you make a financial recovery.
If you believe a Sarasota County facility was involved, you can also file a complaint with the Florida Agency for Health Care Administration (AHCA), which licenses and inspects Florida hospitals. A complaint does not affect your right to also pursue a medical malpractice lawsuit.
You can verify any Florida provider’s license and disciplinary history, including speech-language pathologists and other allied health professionals, through the Florida Department of Health’s MQA Search Services.
Talk to a Sarasota Medical Malpractice Lawyer!
What Has the Fernandez Firm Recovered for Florida Clients?
Our results show what is possible when a focused medical malpractice team prepares every case thoroughly and is willing to go to trial. Medical malpractice verdicts and settlements we have obtained throughout Florida include: 
- $36.7 Million — Jury Verdict against an Orlando physician whose medical negligence caused catastrophic brain injuries to a child at birth. That verdict — as well as post-trial sanctions against the doctor and his lawyers – were upheld on appeal.
- $4.25 Million — Settlement for a 45-year-old wife and mother whose impending stroke was misdiagnosed by multiple physicians in an Orlando-area hospital, resulting in devastating neurological injuries.
- $3.57 Million — Verdict for a Lakeland-area woman whose calls for help from nursing staff after a fall in her hospital room were ignored, resulting in permanent nerve damage. The Court also awarded our client an additional $1.56 million in attorney’s fees and costs post-trial.
- $2.6 Million — Verdict in the wrongful death of a young St. Petersburg mother caused by healthcare provider negligence, plus $550,000 in pretrial settlements with other providers.
- $2 Million — Settlement for a Space Coast area wife and mother who suffered extensive damage to her heart due to surgeon’s errors during non-emergent cardiothoracic surgery.
- $1.8 Million — Settlement for a Sarasota wife and mother who suffered permanent nerve damage when a surgeon sutured through a nerve during elective hip surgery.
Past results do not guarantee a similar outcome in your case.
Why Choose the Fernandez Firm for Your Sarasota Medical Malpractice Case?
Because we don’t turn away a case just because the damages may be unfairly limited. Medical malpractice is the only area of law we practice. We thoroughly investigate the facts of your case and work with the best experts in the field. We have the knowledge, experience, and focused investigatory skills most general Sarasota personal injury firms cannot provide.
In addition to Florida’s mandatory pre-suit process under Florida Statute §766, a claim against Sarasota Memorial requires a separate, governmental notice within a specific statutory deadline. Should either requirement be missed, an otherwise strong claim can be dismissed
Florida’s medical negligence pre-suit laws require your attorney to investigate the claim, obtain a sworn medical expert opinion, and serve formal written notice on each defendant before a lawsuit can proceed.
We are well versed in the intricacies of this process, stay current on, and, as active members of the Florida Justice Association, are frequently involved in, the legislative progression of bills such as HB 145, which could affect your recovery.
Who Will Handle Your Sarasota Medical Malpractice Case?
Jennifer and Frank Fernandez personally manage every case the firm accepts.
Frank F. Fernandez III has spent more than 30 years litigating medical malpractice claims throughout Florida, including in Sarasota County’s Twelfth Judicial Circuit. He has been recognized by Florida Trend Magazine as one of Florida’s Legal Elite and named a Top Attorney by Tampa Bay Magazine. Frank has litigated against major hospital systems and insurance carriers across the state.
Jennifer Gentry Fernandez has litigated medical negligence cases, initially defending doctors and hospitals, later representing only patients and families, since 1994. She has been consistently selected by her peers as a plaintiff medical malpractice “Super Lawyer” and has been named a Top Attorney by Tampa Bay Magazine since 2017. Tampa Style recently recognized Jennifer in its profiles of “Top Women in the Law 2026.”
In September 2022, Frank and Jennifer were presented with the Florida Justice Association’s Krupnick Award for perseverance and the relentless pursuit of justice. Jennifer and Frank bring the detail-focused case preparation these claims require, and the communication clients need while navigating one of the most difficult experiences of their lives.
Sarasota Medical Malpractice FAQs
Real questions families are asking right now.
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 within a specific deadline under Florida’s sovereign immunity law. Both must be completed correctly before a lawsuit can proceed in the Twelfth Judicial Circuit.
How long do I have to file a claim in Sarasota County?
Generally two years from the date of the injury or from when you discovered, or reasonably should have discovered, the negligence. Different notice deadlines can apply when the defendant is a government entity.
What compensation can I recover?
Against a private facility, you may recover medical costs, lost income, pain and suffering, and, in Sarasota wrongful death cases, funeral expenses and loss of companionship. Against Sarasota Memorial, recovery is capped under Florida’s sovereign immunity rules.
Will my case settle or go to trial?
Cases against private facilities often settle once the defense sees we’re prepared to try them. Cases against Sarasota Memorial involve a different negotiation dynamic given the statutory caps, which we factor into our strategy from the start.
Can I pursue a claim if the negligence involved a staffing agency nurse rather than a hospital employee?
Yes. It may affect who is legally responsible. We identify every potentially liable party, including staffing agencies and independent contractors, as part of our investigation.
Can I actually sue Sarasota Memorial Hospital, or is it really off limits?
Yes. You can sue for damages; sovereign immunity does not prevent a lawsuit. However, it does limit what you can ultimately recover. Currently, the limits are $200,000 per person and $300,000 per incident.
Is Florida really about to raise the damage caps for cases like this?
A bill has passed the Florida House that would raise the caps to $500,000 per person and $1 million per incident, but it still needs Senate approval and the governor’s signature. We’re tracking this closely and can explain what it means for your specific timeline.
Why did another attorney tell me they couldn’t take my case against Sarasota Memorial?
It’s often because of the economics, not the merits of the case. Capped damages combined with a 25% cap on attorney fees make these cases difficult for many firms to afford, regardless of how strong the underlying facts are.
Does the damage cap apply if I was treated at Doctors Hospital instead of Sarasota Memorial?
No. Doctors Hospital of Sarasota is privately owned by HCA and does not have sovereign immunity. Claims there follow Florida’s standard medical malpractice process without those statutory damage caps.
If the new law passes while my case is already open, would the higher caps apply to me?
That depends on the bill’s final language regarding effective dates and retroactivity, which may change as it moves through the legislative process. We monitor these developments closely and will discuss how they affect your case.
What Does This Cost You?
You owe us nothing unless we win your case. No retainer, no hourly fees, and no upfront costs of any kind.
We advance the costs of the investigation, expert witnesses, depositions, and court filings. Our fee is an agreed-upon percentage of your recovery, collected only if we win. If we do not recover compensation for you, you owe us nothing.
The consultation is always free.
Contact Our Sarasota Medical Malpractice Attorneys
If you or a loved one were harmed by a doctor, hospital, or healthcare provider in Sarasota or Manatee County, let us review your situation at no cost. Whether your care was at Sarasota Memorial, Doctors Hospital, a private facility, we will tell you what rules apply and explain your options.
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 – Sarasota Office
1990 Main St #782,
Sarasota, FL 34236
Phone: (941) 214-9897