David Mitchell

We are trial lawyers first and foremost and that is one of the largest differentiating factors for our firm. We are always aimed to take cases to verdict and have thus become one of the most referred law firms in the Tampa Bay area for Medical Malpractice, Personal Injury and Wrongful Death cases. It’s even garnered respect from opposing counsels: “My experience with the medical malpractice attorneys at MANEY | GORDON Trial Lawyers has been extremely positive. They are the opposing counsel, and even though I am litigating against them, they well understand the notion that you can disagree without being disagreeable. They are always professional, civil and courteous. I respect this firm and its medical malpractice department and give them the highest rating possible.” - Anonymous.

I do not believe there is any secret to this that everyone does not already know. We all know how to go to the gym and eat well, decently enough, but the drive is what truly differentiates people. The more drive one has to develop a skill, the more time one will put into growing it. The more time one puts into growing a skill, the better they will get at it. And the better someone gets at something, the more people will vouch for that person. What makes us unique is nothing more than a drive for excellence. We aim to be the best and because of that, we don't shy away from the most intricate, the most challenging and most complex cases. We thrive on them.

One question we are asked rather frequently is "HOW OFTEN IS MEDICAL MALPRACTICE COMMITTED IN THE HOSPITAL EMERGENCY DEPARTMENT?" Unfortunately for patients, emergency room error occurs more frequently than we would like to think. The emergency room environment can be demanding and fast-paced, and this can unfortunately lead to error. Misdiagnosis is the most common mistake we see in the ER, and certain conditions tend to be the likeliest for a misdiagnosis. These include heart attack, stroke, infection and meningitis. Other common types of emergency room errors include medication errors, delays in treatment and less-than-thorough examinations. Many emergency room errors could be prevented with improved staffing conditions. Increasing the number of qualified staff members tends to reduce the time that patients wait to receive diagnosis and treatment, preventing many conditions that are caused by delays. Lowering patient-to-staff ratios normally increases the amount of time allotted to each patient; this provides for more accurate diagnosis and treatment. We have found in our cases that inexperienced nurses and physicians are more likely to make mistakes. Some of the hospitals we have prosecuted for malpractice thereafter implemented staffing ratios based on experience and seniority. Others have allotted more resources toward enhanced training to improve the level of care. There may be reasons for medical error, but reasons are not excuses. By continuing to hold doctors and nurses accountable, we can best encourage compliance with medical standards. If you suspect you are the victim of Medical Malpractice, reach out to us. It's a complicated law and the hospitals and doctors will have their best legal team on their side. Make sure you have the best on your side.

I’m sure this is no surprise, but people do not like to be sued. Even if you are fighting for justice in a Medical Malpractice case against a doctor, hospital, place of business, insurance company, whomever, they will be making sure they do everything they can to win. While this is rather obvious, it provides the baseline that the sheer risk involved for the defendant during medical malpractice cases is significantly consequential. And they fortify heavily. Medical cases take you to difficult, deep and dangerous waters due to the complexity of the legal system. And the currents flow in favor of the doctor or hospital. Medical entities are sophisticated defendants who have spent significant monies lobbying state legislatures and Congress to pass laws favorable to them. Florida, for example, imposes a two-year statute of limitations for medical malpractice, as compared to four years for simple negligence. And before a suit can be filed, the claim must undergo a lengthy and expensive screening process. Additionally, prior to rendering care, many physicians require patients to waive their right to a jury trial should a claim arise. Then the medical malpractice victim is subject to legislative limits or "caps" on the amounts of damages recoverable. With a two-week trial with the best expert witnesses and exhibits costing hundreds of thousands of dollars, the biggest challenge for us is truly the details of the case. We want the most intricate, the most complex and the most challenging of cases because it helps us grow as more than just a firm. It helps us grow as individuals.