Medical Provider Negligence Lawyer Miami, FL
If you went to a doctor, a hospital, or a specialist and left in a worse condition than when you went in, something may have gone seriously wrong with your care. Maybe a diagnosis was delayed. Maybe a surgeon made an error. Maybe your treatment plan was simply wrong for your condition. These are not minor issues. A medical provider’s failure to meet the accepted standard of care can leave patients with permanent injuries, months of additional treatment, or worse.Our Miami, FL medical provider negligence lawyer at Needle & Ellenberg, P.A. has been handling these cases across Florida for more than 46 years. We understand the medical and legal complexities involved, and we are not intimidated by the hospitals, insurance companies, and defense firms that fight these claims. Free case evaluations are available, and we work on contingency. No fees unless we win.Why Choose Needle & Ellenberg for Medical Negligence in Miami, FL?Proven Track Record in Medical MalpracticeFounding partners Andrew Needle and Andrew Ellenberg bring more than 70 years of combined experience in Florida medical negligence and plaintiffs’ injury law. Both handle plaintiffs’ injury and death cases exclusively.Andrew Ellenberg focuses on plaintiffs’ injury and medical negligence cases, with practice concentrations that include plaintiffs’ injury and medical negligence cases across birth injury, delayed diagnosis, surgical error, anesthesia, and stroke claims. He earned his J.D. cum laude from the University of Miami School of Law in 1988. Martindale-Hubbell rates him AV Preeminent. Florida Super Lawyers has listed him every year since 2005, and The Best Lawyers in America has listed him every year since 2009 for plaintiffs’ medical malpractice and personal injury work.Andrew Needle is Board Certified in Civil Trial Law by The Florida Bar. His practice concentrations include complex medical malpractice litigation and trial work, including multi- million dollar verdicts in cases that have tested the outer boundaries of existing Florida legal precedent. He holds a J.D. cum laude from the University of Miami School of Law (1977) and a B.S. from Cornell University (1974). He is a charter member of the Miami chapter of the American Board of Trial Advocates. Best Lawyers in America named him “Lawyer of the Year” for Medical Malpractice Law, Plaintiffs, in Miami for 2020 and 2025.Experience That Spans Decades and DisciplinesAndrew Needle has 46 years of practice in medical malpractice, personal injury, and wrongful death. His B.S. from Cornell University and J.D. from the University of Miami Law provided the foundation, but it is his decades in the courtroom that set him apart. He was named Lawyer of the Year for Medical Malpractice in Miami by Best Lawyers in America in 2020, a recognition based entirely on peer review.Andrew Ellenberg brings 35 years of his own practice to the firm’s medical negligence work. He holds a J.D. from the University of Miami School of Law and a B.A. from SUNY Binghamton. He is a member of the American Bar Association, the American Justice Association, and the Florida Justice Association.Both attorneys handle medical provider negligence cases in Miami, FL. Between them, they’ve taken on hospital systems, individual physicians, surgical teams, and HMOs. That breadth of experience matters because medical negligence takes many forms, and each one requires different evidence, different medical knowledge, and different litigation strategies.Contingency Fees and Free Case ReviewsAll medical negligence cases are handled on a contingency fee basis. Our fees are contingent. You pay nothing up front and nothing at all unless we secure a recovery. Our staff speaks Spanish, and we provide free case evaluations for anyone who believes they were harmed by a medical provider’s negligence.A Client’s Perspective⭐⭐⭐⭐⭐
“”Andrew Ellenberg represented my family during one of the most painful and frightening chapters of our lives. After my husband and our three-year-old son were involved in a horrific accident, we found ourselves overwhelmed, vulnerable, and unsure of how to move forward. From the very beginning, Andrew approached our case with the utmost professionalism, expertise, and precision; but what truly set him apart was the compassion and care he showed our family.” – Kerry ParkerRead more reviews on our Google Business Profile.Types of Medical Provider Negligence Cases We Handle in Miami
Medical negligence takes many forms, and the consequences can vary from a prolonged recovery to permanent disability or death. Below are the types of cases we handle for patients and families in Miami.
Surgical errors. Wrong-site surgery, retained instruments, nerve damage during a procedure, and anesthesia failures all fall under this category. These errors can cause permanent harm and frequently require additional corrective surgeries.Misdiagnosis. When a physician diagnoses the wrong condition, or fails to diagnose the correct one, patients can lose critical treatment windows. Cancer misdiagnosis cases, in particular, can be fatal when tumors are allowed to progress because a doctor missed the signs.Medication errors. Prescribing the wrong drug, the wrong dosage, or a medication that interacts dangerously with another can cause organ damage, allergic reactions, and death. These errors can occur at every level, from the prescribing physician to the dispensing pharmacist.Birth injuries. Injuries sustained during labor and delivery due to a provider’s failure to monitor fetal distress, improper use of forceps or vacuum extraction, or failure to perform a timely C-section can result in conditions like cerebral palsy or brachial plexus injuries.Emergency room errors. ERs in Miami operate under intense pressure, but that is not an excuse for failing to recognize a heart attack, sending home a patient with a spinal injury, or misreading critical lab results.Hospital negligence. Beyond individual doctor errors, hospitals themselves can be liable for inadequate staffing, poor infection control protocols, failures in credentialing, and systemic breakdowns in patient safety.Anesthesia injuries. Too much anesthesia, too little monitoring, failure to review a patient’s medical history before administering medication. All of these can lead to brain damage, cardiac arrest, or death.Cancer misdiagnosis. Delayed or incorrect cancer diagnoses are among the most devastating forms of medical negligence. A tumor that was treatable at Stage I may become terminal at Stage III because a provider failed to order the right test or follow up on abnormal results.
Florida Legal Requirements for Medical Provider Negligence
Florida imposes specific procedural requirements on medical negligence claims that do not apply to other types of personal injury cases.Florida imposes strict deadlines on medical malpractice claims, and missing the deadlines can result in a potentially viable case being barred from court. Our lawyers can help you determine whether your potential case is within Florida’s statute of limitations.Before any medical malpractice lawsuit can be filed in court, Florida law requires that the Claimant send the potential defendant healthcare providers a Notice of Intent, after which there is a 90-day presuit screening period for the exchange of information between the parties. With rare exception, the Claimant’s attorney must include with the Notice of Intent a verified affidavit(s), from a qualified expert(s), who under oath says what were the actions and/or omissions of the potential defendant healthcare provider(s) that caused injury and damage to the Claimant. You can read more about these presuit screening requirements on our blog.Florida also applies modified comparative negligence to medical malpractice claims. If a patient is found partially responsible (for example, by failing to disclose relevant medical history), their recovery may be reduced proportionally.