Wrongful Death

April 16, 2018

Pinellas County Parents Accuse Hospital of Medical Negligence in Son’s Delivery

by Whittel & Melton, LLC

Pinellas County parents are suing a St. Petersburg hospital, alleging negligence in the delivery of their son.

The couple filed a complaint on April 2 in Pinellas Circuit Court against CHS/Community Health Systems Inc., doing business as Bayfront Health St. Petersburg, alleging the hospital breached professional standards of care and treatment.

According to the complaint, on May 4, 2017, the woman was at Bayfront Health for the delivery of her son who suffered a brain injury during the birth procedure. The lawsuit says the parents suffered irreparable harm, including additional medical costs, time and resources in an attempt to secure medical records as a result of the unlawful practice of the hospital to withhold portions of the records that are crucial evidences to evaluate medical negligence for the woman’s labor and delivery.

The parents allege Bayfront Health St. Petersburg violated state and federal laws pertaining to their right to health information.

Medical malpractice or negligence cases involve a complex set of rules regarding standards of care. To be successful in these cases against negligent medical providers, you need a Pinellas County Medical Malpractice Attorney at Whittel & Melton who understand the complicated legal facets of your case and can tackle even the most daunting of opponents on your behalf.

We pride ourselves on helping those who have been injured by the negligence or carelessness of doctors, nurses, OB-GYNs and other medical providers in Pinellas County and throughout the state of Florida. Many labor and delivery medical malpractice cases involve:

Birth injuries
Misdiagnosis or delayed diagnosis
Brain injuries
Spinal cord injuries
Defective medical devices
Dangerous drug interactions
Prescription medication errors
Surgical mistakes
Anesthesia errors

April 12, 2018

Man Dead After Boat Capsizes in Tampa, Near Davis Island

by Whittel & Melton, LLC

A man is dead after a boat capsized Saturday afternoon in Tampa, according to the Florida Fish and Wildlife Conservation Commission.

The incident happened shortly before 2 p.m. in Hillsborough Bay just south of Davis Islands.

Emergency responders arrived at the scene after receiving 911 calls about six people clinging to a buoy.

The Hillsborough County Sheriff’s Office used boats to pull some five people out of the water. One of the people recovered from the water, a 57-year-old man, died from his injuries.

One person was able to swim to Beer Can Island and was rescued by MacDill Air Force Base Marine Patrol.

One person was transported to a hospital for treatment.

FWC is conducting an investigation of the boating incident.

The boat, which sunk, will be retrieved once the weather improves.

Just like anyone driving a vehicle on the road, boat operators have a responsibility to control their vehicles safely on the water. Operators must understand how to navigate the vessel properly, travel at appropriate speeds, comply with all laws, and never operate the watercraft while under the influence of drugs or alcohol. Not all boating accidents can be attributed to operator negligence or inexperience, though. Boating and watercraft accidents can also result from poor maintenance or defective boating design.

Issues that arise in boating accidents, such as proving negligence and responsibility, are similar to car accident and truck accident cases. However, when water is involved, there are additional factors that require the expertise and knowledge of a Tampa Bay Boating Accident Attorney at Whittel & Melton.

February 22, 2018

Pedestrian Killed in Tampa Hit-And-Run Crash

by Whittel & Melton, LLC

Tampa police are currently investigating an early-morning fatal hit-and-run crash involving a pedestrian.

According to Tampa police, the crash happened in the 6900 block of east Adamo Drive just before 5 a.m. The pedestrian died as a result of the crash.

The eastbound lanes of Adamo Drive were closed at 50th Street for several hours.

No further details regarding the crash have been released.

Pedestrians are injured and killed every day by negligent motorists. At Whittel & Melton, our Tampa Bay Pedestrian Accident Attorneys take a hard stand against at-fault drivers, especially those that flee the scene of an accident, leaving an innocent person suffering. We work hard to protect victims and their surviving family members recover the full and fair damages that they are entitled to recover under the law. We firmly believe that reckless drivers have to be held accountable for their actions.

Pedestrian accidents can be quite complex. The insurance company involved will certainly have a team of adjusters and lawyers involved simply to protect their best interests and minimize payouts. You are no match for the insurance company and their team of professionals by yourself. In fact, the insurance company knows this and hopes that you will not get a lawyer on your side. This is why you must level the playing field and let our Tampa Bay Pedestrian Accident Lawyers at Whittel & Melton help you through this difficult time.

December 26, 2017

Motorcyclist Killed in Tampa Bay Crash

by Whittel & Melton, LLC

Tampa police are investigating a fatal motorcycle crash early Saturday morning.

The crash occurred at South Manhattan Avenue and West Euclid Avenue.

Police believe the motorcyclist hit a tree.

The victim, a 36-year-old man, suffered fatal injuries.

The crash caused the road to be closed for several hours Saturday morning while police conducted the investigation.

No further information is available at this time.

Motorcyclists take on a certain amount of risk when they hit Tampa’s open roads. They are much more vulnerable than passenger vehicle drivers in crashes, as they have nothing except their personal gear between them and the asphalt. After a motorcycle accident, talk to our Tampa Bay Motorcycle Accident Lawyers at Whittel & Melton. We can help you understand your rights.

Every motorcycle accident claim is different. It takes an aggressive attorney to argue with insurance claims adjusters and fight for the fair compensation you deserve. An investigation of the crash and injuries or wrongful death, along with any eyewitness and expert testimonies, can help prove a case and determine just damages.

November 28, 2017

Clearwater Widow Blames Medical Provider for Husband’s Suicide

by Whittel & Melton, LLC

A widow, as representative of her deceased husband, is suing St. Petersburg medical providers, alleging wrongful death.

The woman filed a complaint Nov. 6 in Pinellas Circuit Court against St. Anthony’s Hospital, alleging the medical providers failed to exercise standard medical care and skill.

According to the complaint, on Jan. 15, the woman’s husband was transported to the emergency department of St. Anthony’s Hospital after an attempted suicide. The suit says he was not considered a danger to himself and was released. The lawsuit states the man died Jan. 18 by jumping off the Sunshine Skyway Bridge.

The lawsuit states woman was caused to suffer hospitalization and/or funeral expenses, loss of support and services, loss of companionship and protection, mental pain and suffering, as a result of the negligent medical and psychiatric care and treatment of the decedent.

The suit says the hospital inappropriately recommended discharge of the man, resulting in the wrongful death.

The woman alleges the hospital failed to timely and appropriately appreciate the severity of the man’s psychiatric condition and mental instability, and failed to timely and appropriately perform a suicide risk assessment.

Hospitals are supposed to be places that heal and protect our loved ones. That is why it’s so tragic when we lose family members to medical malpractice.

Filing a wrongful death lawsuit against a hospital can be a difficult thing, because of the fact that hospitals have a whole legal department dedicated to getting both doctors and hospitals out of situations in which they are liable. If you’ve lost somebody close to you due to a preventable medical error, you know that even that one mistake is one too many. As the surviving relative of a medical malpractice victim, you may be wondering what your legal rights are in Florida. A wrongful death lawsuit to recover monetary damages may be an option. Florida has specific laws that say who can file a wrongful death claim, as well as what types of damages may be available.

November 20, 2017

Thanksgiving Is One Of The Deadliest Days To Be On The Road

by Whittel & Melton, LLC

Many Americans look forward to Thanksgiving every year as it truly is one of the happiest days of the year. While endless families throughout the United States are enjoying the day with their family, eating turkey, and getting ready for the rest of the holidays, others are battling with dangerous and reckless drivers sharing the roadway. As with any other holiday, accidents and injuries run rampant during the Thanksgiving holiday period.

The reality is, holidays always make the roads a bit riskier. There is always an influx of traffic because everyone is heading to a destination on or around the same day. Sadly, more drivers on the roads means more accidents. Many people are driving in unfamiliar areas, so they are probably more likely to be distracted by their phone, texts, phone calls, or GPS navigation systems. More drivers also means more traffic, which can lead to high-stress situations and reckless driving. Lastly, more people consume alcohol on holidays, so there is an increase in the number of drunk drivers on the roadways. DUI accidents usually spike on Thanksgiving weekend.

Our Tampa Bay Auto Accident Injury Lawyers at Whittel & Melton want to advise anyone out on the road during Thanksgiving weekend to be safe and obey the rules of the roads. Keep an eye out for dangerous drivers, and make sure you are not one yourself.

If you or a loved one is injured this Thanksgiving holiday, we are here to help. We know how devastating car accidents can be, which is why we are dedicated to doing everything in our power to help you through this difficult time. Whether you are seeking legal counsel and care for your medical bills, emotional distress, or loss of work and wages, we are here for you in your time of need.

November 13, 2017

Motorcyclist Killed in Treasure Island Crash

by Whittel & Melton, LLC

A motorcyclist was killed Monday morning in a crash at a Treasure Island intersection.

According to Treasure Island police, the crash happened at 104th Avenue and Gulf Boulevard just before 9 a.m.

Police did not release details of the crash as of yet.

The crash remains under investigation.

Riding a motorcycle in a bustling city like Tampa Bay can be dangerous, especially when it comes to intersections. Even though every driver on the road has an obligation to drive safely, some do not. Sadly, there are drivers who do not pay attention to motorcyclists as they should, while others do not like having to share the road with motorcyclists and even go as far as intimidating them while driving. This type of behavior can quickly turn into an intersection accident. If a motorcycle accident at an intersection in the Tampa Bay area has left you injured or taken a loved one from you, our Tampa Bay Motorcycle Accident Lawyers at Whittel & Melton can help.

November 8, 2017

Roy Halladay, Former MLB Star Pitcher, Killed in Pasco County Plane Crash

by Whittel & Melton, LLC

Pitcher Roy Halladay, who won two Cy Young Awards and more than 200 Major League Baseball games during a stellar career, was killed Tuesday in a plane crash in Pasco County.

Halladay, 40, was the only person on the two-seater plane that crashed just off New Port Richey on the Gulf coast north of the Tampa Bay area.

The single-engine plane, an Icon A5, crashed in very shallow water and was found upside down.

A 911 call came in at 12:06 p.m. saying that a small plane had crashed.

Icon A5s are considered light, amphibious airplanes. They can land on water or land, have folding wings and can be transported by trailers.

Halladay pitched parts of 16 seasons in the major leagues, the first 12 with the Toronto Blue Jays. He won the Cy Young for the Jays in 2003, when he went 22-7 with a 3.25 ERA and led the American League with nine complete games.

He was traded to the Philadelphia Phillies before the 2010 season and won another Cy Young in his first year with the team. That season he went 21-10 with a 2.44 ERA and threw a perfect game in the regular season and a no-hitter in his first postseason start. The no-hitter is the only one in National League postseason history.

Halladay will be eligible for the National Baseball Hall of Fame in 2019.

The National Transportation Safety Board will investigate the crash.

According to the website of the Federal Aviation Administration, the certification for the plane was issued Monday, meaning the aircraft was brand new.

In May there was a crash of an A5 in California that killed both people on board. The NTSB ruled pilot error was the cause.

Plane crash tragedies, like this one, often leave surviving family members wondering why this happened. Our Tampa Bay Wrongful Death Lawyers at Whittel & Melton try to get families the answers to the questions they have to gain a sense of closure. Sometimes just being able to know what happened can help to start the healing process. We will investigate every shred of evidence and hold the responsible party accountable by demanding financial compensation for the pain, suffering and loss that surviving family members have experienced after losing a loved one in a fatal crash.

October 18, 2017

Bicyclist Struck and Killed on I-4 Ramp in East Tampa Hit-And-Run Crash

by Whittel & Melton, LLC

The Florida Highway Patrol is investigating a fatal hit-and-run in east Tampa.

According to Troopers, a man on a bike was hit by vehicle on the ramp that takes drivers from eastbound Interstate 4 to US Highway 301. The area is adjacent to the Hard Rock Casino. The driver of the vehicle then left the scene.

Investigators said the vehicle involved in the crash is a silver Mercedes sedan. The vehicle has front end damage on the passenger side and will be missing the passenger side mirror.

Troopers temporarily closed the roadway as part of their investigation. The exit ramp from I-4 to US 301 reopened around 9:20 a.m.

Bicycle and pedestrian accidents commonly cause massive harm due to the fact that victims are unprotected. Our Tampa Bay Pedestrian/Bicycle Accident Lawyers at Whittel & Melton have represented victims of head trauma, spinal cord injury, broken bones, amputation and other severe and permanent injuries, as well as surviving family members of fatal accidents resulting in wrongful death. We work with doctors, rehab specialists, economists and other experts to calculate full and fair compensation for hospital bills, ongoing and future care, future earnings and pain and suffering.

October 4, 2017

Pedestrian Accidents On The Rise: Pedestrian struck, killed early Monday in Tampa

by Whittel & Melton, LLC

A pedestrian was killed early Monday after being struck by two vehicles on a major Tampa street.

According to the Florida Highway Patrol, the crash happened on Hillsborough Avenue near 50th Street.

Troopers said the pedestrian was struck in the eastbound lanes just before 3 a.m.

Both eastbound and westbound Hillsborough Avenue were closed for several hours after the crash.

Authorities have not released any further information as of yet.

The Governors Highway Safety Association shows that the number of pedestrians killed in traffic accidents increased 11 percent last year, to nearly 6,000. That’s the biggest single-year increase in pedestrian fatalities ever. It is also the highest number in more than two decades. The National Safety Council reported that traffic deaths overall went up 6 percent nationwide in 2016.

In Florida alone, we saw 301 pedestrian deaths from January 2016-June 2016, an 8.7 percent jump from 2015, which yielded 277 pedestrian deaths.

After speeding and the failure to yield, distractions are the number three cause of pedestrian fatalities, particularly due to electronic devices. Drivers distracted by their devices are a well-documented, rising cause of traffic fatalities.

Vehicle speeds are also a factor. According to reports, if a pedestrian is struck at 20 miles an hour, they have a 10 percent chance of dying. If they are struck at 40 miles an hour, they have an 80 percent chance of dying. According to the GHSA, 74 percent of pedestrian fatalities happen at night, and 72 percent of those killed were not crossing at intersections. Another significant factor is alcohol. The GHSA reports that 15 percent of pedestrians killed each year are hit by a drunk driver.