Medical malpractice occurs when a hospital or healthcare provider violates the professional “standard of care,” causing a catastrophic injury or death that could have been prevented with proper medical treatment. These are among the most complex and challenging cases to prove in Florida’s legal system. Our firm combines legal expertise with deep medical knowledge to secure justice for families shattered by medical errors. If you are in the horribly unfortunate situation of needing a Miami, FL medical malpractice lawyer, we are here to help.

There are many common myths about medical malpractice and below, we provide some basic explanations of common medical malpractice issues.

How Do You Prove A Doctor Violated The “Standard Of Care”?

The standard of care is defined as what a reasonably prudent medical provider would have done under the same or similar circumstances. To prove a violation under Florida law, we must follow a specific process:

Conduct a Pre-Suit Investigation: As required by Florida Statute §766.106, we obtain all relevant medical records and conduct a thorough investigation before filing a lawsuit. This includes reviewing hospital policies, nursing notes, physician orders, and diagnostic test results.
Obtain a Written Expert Opinion: We retain a medical expert in the same specialty as the defendant to review the records and provide a sworn affidavit stating that negligence occurred and caused the injury. This expert must be actively practicing or teaching in the same medical specialty and be familiar with the applicable standard of care.
Prove Causation: We must demonstrate that the healthcare provider’s negligence directly caused the injury or death, not just that negligence occurred. This often requires multiple medical experts to establish the causal connection between the substandard care and the patient’s harm.

How Does A Birth Injury Like Cerebral Palsy Result From Malpractice?

Cerebral palsy, as well as brain damage, is often caused by Hypoxic-Ischemic Encephalopathy (HIE)—a lack of oxygen and blood flow to the baby’s brain during labor and delivery. Medical malpractice can be the cause when nurses or doctors:

Misinterpret fetal heart rate monitor strips showing signs of fetal distress
Fail to perform a timely emergency C-section when the baby is clearly in trouble
Mismanage high-risk pregnancy conditions like preeclampsia

Our birth injury team works with board-certified obstetricians, neonatologists, pediatric neurologists, and life-care planners who reference established medical guidelines from the American College of Obstetricians and Gynecologists (ACOG) and American Academy of Pediatrics protocols to calculate the full cost of a child’s lifetime care.

Hospital System Accountability

We handle cases against Florida’s major private hospital systems including:

HCA Healthcare
AdventHealth
BayCare Health System
Baptist Health South Florida
Mount Sinai Medical Center

These cases often involve institutional negligence in addition to individual physician errors.

Statewide Medical Malpractice Practice

Medical errors occur in hospitals and clinics throughout Florida. Our statewide practice means we understand the unique challenges of medical malpractice litigation in different jurisdictions, from:

Miami’s major medical centers
Orlando’s healthcare systems
Tampa’s hospital networks
Jacksonville’s medical facilities

If you or someone you love has been injured, the compassionate and skilled team at Needle & Ellenberg, P.A. is ready to fight for your rights to compensation. Contact us today.