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 MoreThe Initial Collection of Medical Records 
The foundation of any investigation is the comprehensive collection of medical records. This includes hospital charts, surgical notes, lab results, diagnostic imaging, medication records, and any other documentation relevant to the patient’s treatment. These records are critical because they establish a detailed timeline of care, reveal decisions made by healthcare providers, and can highlight discrepancies or deviations from standard procedures. Attorneys and investigative teams carefully review these records to identify potential red flags that may indicate substandard care. Without complete and accurate medical documentation, it becomes challenging to evaluate whether a legal claim is viable and how damages might be calculated. Establishing the Standard of Care
Once records are gathered, the next step is determining the standard of care for the specific medical treatment or procedure in question. In Florida, this standard is defined as the level of care that a reasonably competent healthcare provider would have provided under similar circumstances. Expert medical professionals are often consulted to review the patient’s treatment and to provide opinions about whether the care met these standards. Their evaluations are critical because, under Florida law, proving that the healthcare provider deviated from the accepted standard is necessary for a successful claim. This stage can involve detailed analysis of protocols, procedures, and evidence-based practices specific to the patient’s condition and treatment setting.
Patient and Witness Interviews
Investigators also gather information by conducting interviews with the patient, family members, and medical staff who were involved in the care. These interviews provide insight into the circumstances surrounding the injury and may reveal details that are not documented in medical records. For example, a nurse’s recollection of a delay in administering medication, or a family member’s observation of post-operative complications, can be crucial to understanding the full context of the case. These personal accounts complement the documentary evidence and often help attorneys assess both liability and the scope of damages.Engaging Medical Experts
Medical expert opinions are central to any Florida medical negligence investigation. Attorneys like those at Faiella & Gulden, P.A., coordinate with specialists who can analyze the patient’s care in detail and provide informed assessments of whether mistakes occurred. Experts may include physicians, nurses, or other licensed professionals with experience relevant to the patient’s condition. Their evaluations help establish causation, linking any deviation from the standard of care directly to the harm suffered. Additionally, expert opinions can help anticipate challenges that might arise during litigation, ensuring that potential claims are supported by credible professional testimony.Assessing Damages and Impact
A thorough investigation also includes evaluating the impact of the injury on the patient’s life. This assessment covers both tangible and intangible damages, including medical expenses, lost wages, rehabilitation costs, ongoing care needs, and emotional or psychological effects. Investigators work to quantify these impacts, which is essential for determining the potential compensation in a legal claim. In complex cases, this process may involve consultations with financial experts, therapists, or vocational specialists to provide a detailed account of the long-term consequences of medical negligence.Determining Legal Viability
Not every medical error results in a legally actionable claim. Investigators evaluate whether the evidence supports a potential lawsuit, taking into account Florida’s legal requirements. This includes establishing that the healthcare provider owed a duty to the patient, breached that duty through substandard care, and directly caused measurable harm. Attorneys use the findings from the investigative phase to determine whether the case meets these criteria, helping patients avoid pursuing claims that lack sufficient evidence. A thorough pre-filing investigation increases the likelihood of a successful outcome, whether through settlement or trial.
"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
Timeline Considerations
The length of a medical malpractice investigation in Florida can vary significantly depending on the complexity of the case, the availability of medical records, and the schedules of medical experts. Some investigations may be completed within weeks, while more complex cases may take several months. This phase requires patience and meticulous attention to detail, as any overlooked detail can affect the outcome of a claim. Working with experienced attorneys ensures that the investigation progresses efficiently while protecting the client’s legal interests.Protecting Your Rights During the Investigation
Patients should take proactive steps to safeguard their rights during the investigation phase. It is advisable to maintain a personal record of symptoms, communications with healthcare providers, and any related medical expenses. Avoid discussing the case publicly or on social media, as statements can be misinterpreted or used against a potential claim. Early consultation with a qualified attorney ensures that evidence is properly collected and preserved, giving the investigation the best chance to produce a clear picture of liability and damages.Role of the Attorney in the Investigation
An experienced medical malpractice attorney guides clients through every step of the investigative process. Attorneys from Faiella & Gulden, P.A., help request and review medical records, coordinate with experts, identify witnesses, and assess damages. They also provide legal advice regarding the viability of filing a claim, the best strategies for negotiation or litigation, and timelines to ensure compliance with Florida statutes of limitations. By taking a proactive role early, attorneys strengthen the foundation of a potential claim and help clients make informed decisions about pursuing justice.Case Scenario Illustration
Consider a patient who experienced complications after a complex surgical procedure. The investigation would start with obtaining all operative reports, reviewing hospital protocols, and examining post-operative monitoring records. Nurses and staff involved may be interviewed to provide context. An independent surgical expert evaluates whether the care provided met Florida’s standard of care. Simultaneously, the financial, emotional, and physical impacts of the complications are documented to calculate potential damages. Only after all these steps does the attorney advise whether filing a claim is legally appropriate, creating a strong foundation for potential legal action.Practical Advice for Patients
During this phase, patients can support their case by remaining organized and detailed in documenting their experience. Keeping a journal of symptoms, doctor visits, and any correspondence with medical personnel can provide invaluable evidence. Retaining copies of all medical records and staying in close communication with an attorney ensures that no detail is overlooked. This proactive approach improves the clarity of the investigation and supports the pursuit of fair compensation.Internal Resources and Guidance
For patients navigating this complex process, Faiella & Gulden, P.A., provides additional resources to understand specific aspects of medical negligence. Relevant pages include:- Florida Medical Malpractice Claims for Anesthesia Errors Explained
- How Expert Witnesses Prove Failure to Diagnose Cancer Claims
- Statute of Limitations for Medical Malpractice in Florida: Don’t Miss Your Deadline
- How Compensation Works in Florida Cancer Misdiagnosis Cases