Clearwater Medical Malpractice Attorneys
If you’ve been injured by a medical professional, you’re likely scared, hurt, and angry. Medical errors can be frustrating. They can also meet the definition of malpractice, and you may be owed compensation, and more importantly, justice.
At Jack Bernstein, Injury Attorneys, our Clearwater medical malpractice lawyers have spent more than 40 years fighting for victims just like you. Located in the heart of Pinellas County, we offer free consultations, no upfront costs, and compassionate guidance when you’ve been injured by a medical professional.
Were you injured because of a medical error? Contact Jack Bernstein, Injury Attorneys, now.
Why Choose Jack Bernstein, Injury Attorneys, for Your Medical Malpractice Claim?
With more than four decades of experience, Jack Bernstein, Injury Attorneys, has won millions for our clients. We have also won multiple medical malpractice verdicts for more than a million dollars, including settlements for over two million dollars.
We carry an extensive local knowledge of Clearwater courts and judges, and our board certifications and bar memberships are second to none. We employ a large support team, offer personalized attention, and build clear, compelling cases. You can’t go wrong when you contact us.
What sets us apart from the others?
- Extensive experience
- Proven results
- Personalized attention
- Local expertise
If you need a clearwater medical negligence attorney, call us today for a completely free case evaluation.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare professional fails to treat a patient within a common standard of care and that negligence results in an injury or death. Healthcare professionals may include doctors and nurses, as well as institutions, like hospitals and clinics.
Under Florida law, every one of these professionals or institutions has a duty to provide patients with a “reasonable standard of care.” When they breach that duty through negligence or a preventable error, a medical malpractice case may arise.
Some examples of breach of duty may include:
- A failure to diagnose an illness
- Misdiagnosis of an illness
- Medication errors
- Surgical mistakes
- Inadequate follow-up after procedures
If these errors have resulted in consequences for you or members of your family, you may need a Clearwater malpractice attorney on your side to secure the justice and compensation you deserve.
Types of Medical Malpractice Cases Common in Clearwater
Our Clearwater medical malpractice attorneys handle a wide variety of medical malpractice cases, each with unique challenges. The types of cases we handle include, but are not limited to:
Misdiagnosis and Delayed Diagnosis
A delayed diagnosis happens when a medical professional diagnoses a condition too late. A misdiagnosis happens when a physician or other medical professional identifies the incorrect disease. For example, a physician may miss cancer by categorizing it as a benign condition. These cases can have catastrophic consequences, including death.
Surgical Errors
Surgical errors include situations such as:
- Surgery at the wrong site
- Surgery when instruments are left inside the body
- Post-operative complications
- Anesthesia errors
Medication Errors
Medication errors may happen when a doctor or other professional:
- Prescribes the wrong medication
- Prescribes the incorrect dosage
- Misses or doesn’t understand drug interactions
- Fails to monitor side effects
Birth Injuries
Birth injuries are unfortunately often seen in malpractice cases and can result in complications, such as cerebral and Erb’s palsy, as well as maternal complications before, during, and after pregnancy. Failure to monitor the fetus properly can also result in life-altering complications for the mother and/or fetus.
Failure To Follow Up or Treat
Inadequate post-operative care, missing treatment protocols, or lack of referrals to other doctors or specialists can have consequences that can alter your future for the worse. If these protocols or actions were overlooked or negligent, they may rise to the level of malpractice, and you may be owed compensation.
Emergency Room Mistakes
Emergency room malpractice is a common source of frustration and injury. Errors caused by rushed environments, mismanagement of critical conditions, or failure to stabilize patients may have consequences that go beyond the ER and may require consultation with a hospital negligence lawyer in Clearwater.
What Is the Legal Process for Medical Malpractice Cases in Florida?
Medical malpractice cases can be some of the most complex personal injury cases in Florida because they involve both medical issues, as well as essential expert testomony and opinion. This is why retaining the best medical malpractice lawyer in Clearwater is essential. Don’t try to go it alone.
After speaking with an attorney, the steps are roughly the same for most cases:
First, your attorney will conduct a thorough investigation of your case to determine if a malpractice suit is in order. During this time, they’ll review documents and consult experts, including a qualified medical expert who will provide a written opinion that reasonable grounds exist for negligence.
Next, your attorney will file a notice of intent to initiate litigation. This is a law-mandated 90-day investigation period unique to Florida where both parties share information, experts from the medical provider look at facts of the case, and both or all parties attempt to come to a settlement without going to court. The majority of cases are settled in this manner.
If no settlement is reached, your attorney will prepare to go to court to sue the individual and or institution that caused you harm. Court cases may be lengthy and complex but may be necessary to get you adequate justice and compensation.
Importantly, there is what is called a “statute of limitations” on malpractice cases in Florida, meaning you only have a certain time to file a case before you are no longer allowed to sue. This is generally two years since discovering your injury, but no more than four years from the negligent act.
Florida’s Pre-Suit Investigation Requirement
It’s important to note that Florida has a unique requirement for pre-suit investigation, officially Statute § 766.106. This rule exists to minimize baseless claims and save time and money for the courts, medical professionals and institutions, and attorneys. It requires a medical professional to sign a statement saying there are grounds for a suit. Once this is filed, a 90-day waiting period happens, where the institution or professional will conduct their own investigation and may try to settle the case.
Statute of Limitations: Act Quickly
When malpractice occurs, you must act quickly. You only have two years from the discovery of your injury to file a suit, and only four years from when the malpractice incident occurred. In some cases, such as fraud, concealment on the part of the professional or institution, or cases involving minors, this statute may be lengthened, but only in special cases.
Upon discovery of an injury, it is essential for you to speak with a Clearwater malpractice attorney as soon as possible. If you do not, you may miss out on justice.
How To Prove Medical Negligence in Clearwater
There are four basic elements you need to prove medical negligence in Florida. For a successful case, you must prove all four:
- Duty of care: This means that the medical professional or institution had a legal duty to care for you, and that a patient-provider relationship existed.
- Breach of duty: You must prove the provider or institution breached that duty of care by not meeting the accepted standard of care.
- Causation: You must prove that the breach directly caused your injury. This is often the most complex element of the process.
- Damages: You must prove that you suffered damages because of the breach. These damages may be economic damages, such as medical bills, loss of income and rehabilitation costs, and non-economic damages, such as pain and suffering.
In almost all cases, expert testimony will be necessary to prove these claims. In Florida the patient has the burden of proof to prove the above four elements, not the healthcare provider or institution.
Damages and Compensation You Can Recover
There are generally two types of compensation you can recover from a Florida medical malpractice suit — economic damages and non-economic damages.
In the case of non-economic damages, there are caps on the amount of compensation that can be recovered, starting at a half million dollars and increasing to 1.5 million dollars, depending on the number of circumstances.
Economic Damages
Economic damages include things for which a distinct dollar amount can be attached. It includes expenses such as:
- Past and future medical expenses
- Lost wages
- Rehabilitation costs
- Home care expenses
- Medical devices/equipment
Non-Economic Damages
Non-economic damages are injuries to which a dollar amount is not easily attached, but are real, nonetheless. Non-economic damages include:
- Pain and suffering
- Mental anguish/emotional distress
- Loss of enjoyment of life
- Loss of consortium
In some cases of gross, or exceptional, negligence, you may be awarded what are called punitive damages. These are damages intended to punish the healthcare provider or institution, so they do not repeat the same mistakes in the future.
How Jack Bernstein, Injury Attorneys, Can Help
The help we can offer at Jack Bernstein, Injury Attorneys, goes well beyond simply the services we offer. We’ll help you with full and compassionate legal support from start to finish of your legal journey.
Our attorneys have an expert network in Florida to connect your case with the right specialists and professionals, our negotiation and trial skills are world class, and at every step of the way, we’ll try to ease any burden on you so you can focus on getting well. We’ll fight for you to get the compensation you deserve so you can focus on getting back to normal.
Services and support we offer include:
- Free consultation and case evaluation
- Medical records analysis
- Expert witness coordination
- Insurance company negotiations
- Litigation preparation
- Court representation
- Regular communication and updates
Settlement vs. Trial
The majority of medical malpractice cases in Florida are settled. This means they don’t go to trial, and a deal for compensation is worked out between patients and the medical practitioner or institution.
Settlements help to avoid lengthy and stressful trials, get victims compensation much faster, and offer you privacy and predictable outcomes. However, your attorney will always pursue maximum and fair compensation. If a fair settlement cannot be reached, a trial may be necessary.
At the law offices of Jack Bernstein, Injury Attorneys, we work on a contingency fee basis, meaning we do not get paid unless we settle or win your case at trial.
No Fees Unless We Win
Again, we make no money unless we get compensation for you. This means you don’t owe us any money up front, and we will only be paid from your settlement. There are also no upfront costs, such as expert fees, filing fees, or anything else. No money until you win.
Our prices are in line with the typical contingency percentage in Florida, usually 33 to 40% of recovery. We want to ensure every victim can exercise their legal rights and have an honest chance of justice and compensation, which is why we charge no up-front fees.
Were you injured because of a medical error? Contact Jack Bernstein, Injury Attorneys, now.
FAQ
Why Local Clearwater Medical Malpractice Experience Matters
Because medical malpractice cases are highly specialized, local advantage matters. Jack Bernstein and his associates are intimately familiar with Clearwater courts and have both a broad and deep knowledge of local judges and procedures. Jack Bernstein holds Clearwater Bar Association membership, as well as a number of awards and recognition for his work.
He is also intimately familiar with the local healthcare landscape, including Morton Plant and Mease Countryside Hospitals, and a wide variety of sub-providers, doctors, and local experts. If you need a Clearwater hospital malpractice attorney, call Jack — he’s got your back.
Other Medical Malpractice Practice Areas We Serve
Other malpractice areas we serve include a wide variety of claims. We will investigate cases of:
- General medical malpractice
- Birth injury
- Wrongful death
- Nursing home abuse
- Hospital negligence
We also provide legal representation for all victims of malpractice and negligence, no matter the type or healthcare provider.
Other Locations We Serve in Florida
While located in Clearwater, Jack Bernstein serves clients all over Central Florida. Services areas include:
- Tampa
- Sarasota
- St. Petersburg
- Pinellas County
- Plus, nearby areas and surrounding communities
ll, and we never charge a fee unless you win your case.
About Jack G. Bernstein Esq.
Personal Injury Lawyer
For more than 40 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Throughout his career, Bernstein has been a strategist thoroughly dedicated to the idea of protecting the rights of his clients. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.
Mr. Bernstein has the experience and expertise to handle a wide range of injury cases. Among the types of plaintiffs Mr. Bernstein represents are individuals involved in car accidents caused by drunk drivers or other exhibiting negligence, medical complications resulting from carelessness caused by a physician or a medical facility, including brain injury, bicycle, motorcycle, moped and truck accidents, admiralty law and cruise ship accidents, accidental drownings, all types of wrongful death lawsuits, along with most injury, catastrophic occurrences and legal malpractice issues.
Our firm handles every type of personal injury and accident case, using negotiation and litigation tactics effectively. We handle cases throughout Tampa, Sarasota, St. Petersburg, and Clearwater, FL. With a staff of approximately 40 people, including six lawyers and 34 support personnel, we have the legal resources to get the justice you deserve and the maximum recovery for your losses. Schedule your free consultation today; we are always here to help.
Free Case Evaluation
No Fees Unless We Win
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