Medical Malpractice Lawyer Miami, FL

Our Miami, FL medical malpractice lawyer understands the profound impact that medical negligence can have on individuals and their families, leading to devastating physical, emotional, and financial consequences. With over 45 years of combined experience, we pride ourselves on our meticulous and dedicated approach to each case. Our firm is built on the foundation of integrity, compassion, and a relentless pursuit of justice, making us a trusted advocate for victims of medical malpractice in Miami and beyond. Contact our team at Needle & Ellenberg, P.A. today to set up a free consultation.

At Needle & Ellenberg, P.A., our goal is to achieve the best possible outcomes for our clients, whether through negotiation or, if necessary, litigation. We stand by our clients every step of the way, offering not just our legal experience but also our support and guidance during what is often a difficult time. Our commitment to excellence and justice is unwavering, as we strive to help all our clients receive the compensation and closure they deserve.

The Statute Of Limitations For Medical Malpractice Cases

The statute of limitations is a legal mechanism designed to set the maximum time after an event within which legal proceedings may be initiated. In the context of medical malpractice, this period begins from the moment the malpractice occurred or when the victim became aware (or should have reasonably become aware) of the malpractice.

• General Timeframe: Florida’s statute of limitations for medical malpractice claims typically requires that a lawsuit be filed within two years from the date the victim discovered, or should have discovered with reasonable diligence, the injury.
• Exceptions And Extensions: There are exceptions that may extend this period. For instance, cases involving minors or instances where the healthcare provider fraudulently concealed the malpractice may warrant an extension of the filing deadline.

Critical Considerations

• Discovery Rule: A pivotal aspect of medical malpractice cases is the “discovery rule,” which acknowledges that victims may not immediately realize they have been subjected to malpractice. This rule adjusts the start of the limitation period to the date when the victim discovered or should have discovered the harm.
• Tolling For Minors: The statute of limitations is often tolled (paused) for victims under the age of majority, acknowledging their inability to take legal action independently.
• The Role Of Notice Requirements: Florida law mandates that potential plaintiffs provide healthcare providers with notice of the intent to sue before filing a lawsuit. This notice period can affect the statute of limitations by providing an additional timeframe for the pre-suit investigation.

Proving Negligence And Recovering Compensation

When someone steps into a doctor’s office or hospital, they’re placing a huge amount of trust in their healthcare provider. But, sometimes, things go wrong, and it’s not just about a minor hiccup. We’re here to break down how negligence plays a pivotal role in medical malpractice cases and why hiring a savvy medical malpractice lawyer is crucial.

First off, negligence in the medical world is when a healthcare professional doesn’t provide the standard of care that a reasonably competent professional would have under similar circumstances. It sounds a bit legalistic, but think of it as the healthcare provider dropping the ball on what they’re supposed to do to keep you safe and healthy. 

Duty

Every medical professional has a duty of care to their patients. This duty is essentially a promise to provide care that’s up to the industry’s standards. We start by showing that there was a relationship between you and the healthcare provider, establishing this duty of care. It’s the groundwork of any medical malpractice claim.

Dereliction

Dereliction, or breach of duty, is where we prove that the healthcare provider veered off the path. They did something they shouldn’t have, or they didn’t do something they should have. This part can get technical, which is why having experts on your side matters. We dive into medical records, protocols, and sometimes bring in specialists to really pinpoint where things went south.

Direct Cause

This part is all about connecting the dots. We need to show that the healthcare provider’s misstep directly caused harm. It’s not always straightforward, and that’s where our experience really shines. We’re like detectives, tracing back to how a specific action or inaction led to your injury or condition.

Damages

Lastly, we talk about damages. This isn’t just about physical harm; it’s about the ripple effects. Lost wages, medical bills, pain and suffering, and sometimes changes to your lifestyle. We work to paint a picture of how negligence has impacted your life, aiming to secure compensation that truly reflects your experiences and losses.

Recovering Compensation For Your Injuries

As seasoned medical malpractice lawyers in Miami, our firm is dedicated to guiding clients through the compensation process. 

Medical malpractice compensation is designed to address the multifaceted repercussions experienced by victims of negligent medical care. It encompasses several categories of damages, each intended to mitigate the physical, emotional, and financial burdens borne by the injured party.

Our role as medical malpractice attorneys is to meticulously evaluate the impact on our client’s life, advocating for a comprehensive compensation package that reflects the full extent of their losses.

Economic Damages

Economic damages represent the tangible financial losses associated with medical malpractice. This includes past and future medical expenses, lost wages, and loss of earning capacity.

At Needle & Ellenberg, P.A., we collaborate with medical experts and financial analysts to accurately assess and quantify these costs. Our objective is to ensure that our clients are fully compensated for the economic impact of their injuries, securing the resources necessary for their recovery and rehabilitation.

Non-Economic Damages

Non-economic damages, though intangible, are equally significant. They cover the pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium that result from medical malpractice.

Quantifying these damages requires a nuanced understanding of the law and a compassionate approach to legal representation. Our firm is skilled at articulating the depth of our clients’ suffering, striving to ensure that the compensation awarded reflects the true extent of their non-economic losses.

Punitive Damages

In cases where the medical professional’s conduct is deemed especially egregious or reckless, punitive damages may be awarded. These are intended not as compensation for the victim, but as a punishment for the defendant and a deterrent against future misconduct.

While punitive damages are less common in medical malpractice cases, our team at Needle & Ellenberg, P.A., remains vigilant for circumstances that warrant such considerations, advocating for justice and accountability in the face of gross negligence.

Common Types Of Medical Malpractice Cases

Misdiagnosis And Delayed Diagnosis

One of the most frequent forms of medical malpractice we encounter involves misdiagnosis or delayed diagnosis. These errors can lead to unnecessary suffering, as patients may undergo incorrect treatments or miss the window for optimal treatment entirely. The consequences can range from prolonged illness to untimely death. At Needle & Ellenberg, P.A., our legal team meticulously investigates these cases, collaborating with medical experts to demonstrate how a correct and timely diagnosis could have altered the patient’s outcome.

Surgical Errors

These can include operating on the wrong site, leaving surgical instruments inside the patient, or performing an incorrect procedure. Such errors can have catastrophic, life-altering consequences for the patient. We understand the gravity of these situations and are here to hold the responsible parties accountable, aiming to secure the maximum compensation for our clients.

Medication Errors

Medication errors, whether they occur in prescribing, dispensing, or administering drugs, can result in severe adverse reactions, exacerbation of medical conditions, or even death. These errors may stem from healthcare professionals failing to consider a patient’s medical history or interactions with other medications. 

Childbirth Injuries

Childbirth injuries to the infant or mother can result from medical malpractice before, during, or immediately after delivery. These injuries might include fractures, nerve damage, or lack of oxygen leading to conditions such as cerebral palsy. Our firm is committed to representing families affected by such negligence, advocating for their rights to compensation for medical costs, ongoing care, and emotional distress.

Anesthesia Errors

Anesthesia errors, though less common, are among the most dangerous types of medical malpractice. Even a minor miscalculation in dosage or failure to monitor the patient’s vital signs can lead to permanent injury, brain damage, or death. Our attorneys are equipped to navigate these complex cases; we know how to accurately represent the nuances of anesthesia malpractice in court.

Miami Medical Malpractice Infographic

Miami Medical Malpractice Statistics

According to national statistics, some of the most common types of malpractice cases include:

• Misdiagnosis or delayed diagnosis accounts for nearly one-third (32%) of medical malpractice claims.
• Surgical errors account for one-quarter of all claims against negligent care providers.
• Prescription errors harm 1.5 million people annually, causing $3.5 billion in damages.
• Anesthesia errors account for 2.7% of medical malpractice claims.

Contact our skilled personal injury attorneys if you’ve been a victim of medical negligence to find out what type of financial compensation you may be entitled to.

Medical Malpractice FAQs

What Qualifies As Medical Malpractice?

Medical malpractice occurs when a healthcare professional or facility deviates from the recognized standard of care in the treatment of a patient, leading to harm. This can include errors in diagnosis, treatment, aftercare, or health management.

For an act or omission to be considered malpractice, it must demonstrate negligence that resulted in injury or damage to the patient, which would not have occurred had the standard of care been met.

How Long Do I Have To File A Medical Malpractice Lawsuit in Miami?

The statute of limitations for filing a medical malpractice lawsuit in Miami, FL, is generally two years from the date the incident was discovered or should have been discovered with reasonable diligence.

However, there are exceptions that can extend this period, such as cases involving minors or situations where the healthcare provider concealed the malpractice. It’s crucial to consult with a medical malpractice lawyer in your area to understand how these time limits apply to your specific case.

How Do I Prove Medical Malpractice Happened To Me?

To prove medical malpractice, the plaintiff must establish four key elements: duty, breach, causation, and damages.

This means showing that the healthcare provider had a duty to provide care, breached this duty by not adhering to the standard of care, caused harm directly because of this breach, and that the harm resulted in damages. Proving these elements often requires expert testimony and a thorough investigation.

Can I Still File A Claim If I Signed A Consent Form Before Treatment in Miami?

Yes, signing a consent form does not automatically waive your rights to file a medical malpractice claim. Consent forms are intended to inform patients about the known risks associated with a procedure or treatment.

However, if the healthcare professional’s negligence caused harm beyond those expected risks, or if the harm resulted from a procedure for which the patient did not consent, there might still be grounds for a malpractice claim.

How Can A Lawyer Help Me With My Case?

Our Miami medical malpractice lawyer can offer invaluable assistance by evaluating your case, gathering and analyzing medical records, consulting medical experts, and leading you through the legal processes involved in malpractice claims. We can also negotiate with insurance companies on your behalf and represent you in court if necessary. Our firm always aims for you to receive the maximum compensation for your injuries, including costs for medical bills, lost wages, and pain and suffering.

Needle & Ellenberg, P.A., Miami Medical Malpractice Lawyer

3350 Mary St 1st Floor, Miami, FL 33133

Contact Our Miami Lawyer Today

At Needle & Ellenberg, P.A., we are committed to providing our clients with the highest level of legal representation. We understand the profound impact that medical malpractice can have on an individual’s life, and we approach each case with the dedication and rigor it deserves. Our goal is to see our clients receive the full compensation they are entitled to so that they have everything they need to heal and recover.

Contact us today to request your free consultation. Unless we win your case, you won’t owe us a dime for legal fees. No risk, no nonsense, just dedication to your justice. 

Client Review

“Most people think of attorneys and think awful!!! However, my experience with the firm of Needle & Ellenberg, PA could not be more contrary. I contacted Needle & Ellenberg, PA seeking legal advice and was met with an expeditious and very responsive staff as well as direct contact from Andrew Needle, Esq. Andre Needle, Esq. attentive, responsive and provided his professional advice, while keeping in mind what was best for for “MY” situation. I would highly recommend the firm, if what you’re seeking is integrity.”
Soila C