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 MoreUnderstanding the Role of Expert Testimony 
Expert witnesses provide the specialized knowledge needed to explain complex medical procedures and standards of care to judges and juries. In most medical malpractice claims, a plaintiff must demonstrate two key elements: that the medical provider deviated from accepted standards and that this deviation directly caused harm. Because these issues often involve highly technical medical information, courts rely on experts to translate clinical practices into understandable evidence. The opinions offered by these experts can shape the jury’s understanding of causation, standard of care, and damages. Expert testimony is not simply about stating conclusions; it is about demonstrating reasoning that is grounded in scientific or medical fact. Florida courts require that expert opinions be based on accepted medical principles applied accurately to the facts of the case. Judges may examine whether the expert’s reasoning aligns with the prevailing medical community’s practices and whether the methods used to reach conclusions are both valid and reliable. The credibility of an expert, therefore, is just as critical as the content of their testimony. Admissibility Standards Under Florida Law
Florida law sets strict standards for expert testimony under Section 90.702 of the Florida Evidence Code. Experts must be qualified by knowledge, skill, experience, training, or education. Their testimony must assist the court or jury in understanding evidence or determining a fact in issue, and it must be grounded in reliable principles and methods. Judges serve as gatekeepers, determining whether the testimony meets these criteria before it reaches the jury. Florida courts have adopted a version of the Daubert standard, requiring that the methodology supporting an expert’s opinion be reliable and applicable to the case. Courts will evaluate whether the expert’s reasoning is consistent with accepted scientific methods, whether conclusions are supported by evidence, and whether the expert applied their methodology correctly to the specific facts. A methodologically flawed opinion can be excluded entirely, significantly weakening a party’s case.
Qualifying an Expert Witness
Attorneys must ensure that their expert witnesses possess the requisite qualifications to testify. Credentials often include board certification in the relevant specialty, extensive clinical practice or research experience, and familiarity with the prevailing standard of care within Florida. Additionally, prior experience providing expert testimony can demonstrate the witness’s ability to communicate complex concepts clearly and effectively in a courtroom setting. The expert’s qualifications are often explored in a deposition. During these sessions, opposing counsel may challenge the expert’s credentials, past experience, or potential bias. Proper preparation of the expert can help mitigate these challenges and ensure that the testimony is admitted and given weight by the court. Courts are particularly cautious about excluding expert testimony that is essential to explaining causation or complex medical procedures.Assessing the Reliability of Testimony
Florida courts focus on the reliability of an expert’s methodology and the logical foundation for their opinions. Judges consider factors such as the consistency of the testimony with accepted medical principles, the presence of peer-reviewed support, and the application of medical literature and guidelines. Experts are expected to avoid speculation and to base opinions on sound, evidence-backed reasoning. Testimony that relies on anecdotal experience or untested theories may be excluded. Expert reports are a vital component in demonstrating reliability. These documents detail the facts reviewed, the medical records analyzed, and the reasoning behind the conclusions reached. Reports outline whether the standard of care was met or breached and whether a breach caused harm. A comprehensive, well-supported report can influence pretrial rulings, motions for summary judgment, and settlement negotiations.
"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.