Elizabeth H. Faiella
Elizabeth has represented plaintiffs in numerous jury trials since 1976. A member of the exclusive Inner Circle of Advocates, Elizabeth is a legal powerhouse who has been given numerous awards and honors--and she's not done yet.
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Peter J. "Tres" Gulden, III
The son of a doctor and an attorney, Peter has a unique and in-depth understanding of all the complicated medical and legal issues involved in a malpractice claim. He has won many 7-figure verdicts for clients since joining his mother's firm in 2004.
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Allison C. McMillen
Allison C. McMillen is proud to be a second-generation plaintiffs’ attorney representing victims of medical malpractice, having practiced with her father, attorney Scott R. McMillen, for over a decade before joining the team at Faiella & Gulden, P.A.
Learn MoreWhat Constitutes Post-Surgery Negligence 
After an operation, complications can occur naturally. However, when a hospital fails to respond appropriately, it may constitute negligence. Examples include ignoring signs of infection, failing to address unusual pain, overlooking abnormal test results, or delaying necessary follow-up care. It is not enough for a complication to exist; there must be evidence that the hospital’s actions or inactions directly worsened the patient’s condition. The evaluation of these cases often requires medical expert testimony to establish whether the hospital met the accepted standard of care.
Signs That Indicate Potential Hospital Neglect
Recognizing signs of hospital negligence can be difficult, but certain patterns often suggest that care was substandard:- Persistent or escalating pain without medical evaluation or treatment.
- Infections developing post-surgery that are left untreated or inadequately treated.
- Failure to monitor vital signs or provide necessary lab tests.
- Miscommunication among staff leading to delayed or missed interventions.
- Inadequate discharge instructions or lack of follow-up care guidance.
Florida Medical Malpractice Law and Statutory Requirements
Florida law allows patients to pursue claims against healthcare providers, including hospitals, when negligence results in injury. To establish a successful claim, you must show four key elements:- Duty: The hospital owed a standard of care to the patient.
- Breach: Hospital staff failed to meet that standard.
- Causation: The breach caused harm or worsened the condition.
- Damages: The patient suffered measurable harm, such as medical expenses, lost income, or pain and suffering.
The Role of Expert Witnesses
In cases involving post-surgical negligence, expert witnesses are usually required to testify about the standard of care and how the hospital’s conduct deviated from it. Experts may include surgeons, nurses, or other medical specialists who can review hospital records, lab results, and patient histories. Their opinions help establish whether earlier intervention could have prevented harm and whether the hospital acted reasonably given the circumstances.Common Scenarios of Hospital Neglect
Some of the most frequent instances of negligence following surgery include:- Untreated post-operative infections.
- Overlooked internal bleeding.
- Improper pain management leading to complications.
- Delayed response to abnormal test results.
- Inadequate patient monitoring or lack of timely follow-up.
Calculating Damages
Florida law allows for recovery of both economic and non-economic damages. Economic damages include additional medical costs, rehabilitation, and lost wages. Non-economic damages may cover pain and suffering or emotional distress. In certain cases, Florida caps non-economic damages in medical malpractice claims, which can affect the total compensation available. Determining the full scope of damages requires careful review of medical records and expert analysis of the patient’s future needs.How an Experienced Attorney Can Assist
A qualified Orlando medical malpractice attorney can guide patients through the complex process of pursuing a claim. Services typically include:- Reviewing hospital records and medical documentation.
- Consulting with medical experts to establish negligence.
- Calculating damages including medical expenses and lost income.
- Negotiating with insurance companies or representing patients in court if necessary.
"One of the BEST law firms in the country. Elizabeth Faiella and her team are true professionals. I’ve had the opportunity to work with them and never hesitate to recommend them to anyone needing a personal injury or medical malpractice law firm."
Shannon McLin
I have observed and worked with Faiella & Gulden as a registered nurse for over 25 years. Their legal & medical knowledge is unprecedented. They're dedicated, compassionate and goes to any length to obtain justice for each client.
Connie Ashley
Preparing for Legal Action
To strengthen your case, it is important to:- Keep detailed records of symptoms, treatments, and hospital interactions.
- Save all hospital discharge papers and follow-up instructions.
- Photograph injuries or complications when possible.
- Document conversations with healthcare providers regarding concerns or complications.
Understanding the Challenges
While pursuing a claim can be vital for accountability and recovery, patients should recognize the challenges involved:- Complex medical evidence often requires specialized expert testimony.
- Litigation can be lengthy and may involve detailed discovery processes.
- Insurance companies often challenge claims aggressively.