What Constitutes Medical Malpractice in Florida 
Medical malpractice is defined as a healthcare provider failing to deliver the accepted standard of care, resulting in harm to the patient. In Florida, four elements must be established for a claim: a duty of care owed by the medical professional, a breach of that duty through actions or inactions, direct causation linking the breach to the injury, and demonstrable damages, including medical expenses, lost wages, and pain and suffering. In the context of an emergency room, determining malpractice can be particularly complex because patients may present with non-specific or evolving symptoms, and multiple healthcare providers may be involved in their treatment. To successfully pursue a claim, patients often require detailed medical records, expert testimony, and evidence showing that the provider’s actions deviated from the standard of care in a way that caused measurable harm. Common Types of Emergency Room Mistakes
Emergency rooms handle a wide array of urgent medical situations, which can lead to several common types of mistakes:- Diagnostic errors: Missing a heart attack, stroke, appendicitis, or other serious condition
- Medication errors: Administering incorrect dosages, giving the wrong medication, or ignoring known allergies
- Surgical mistakes: Operating on the wrong site or without proper consent
- Treatment delays: Long wait times or misprioritization leading to worsened conditions
- Communication failures: Miscommunication between staff members or with the patient that results in improper care
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 Critical Role of Expert Witnesses
In Florida, proving that an emergency room error constitutes malpractice almost always requires the testimony of a qualified medical expert. These experts, typically practicing physicians in the same specialty as the defendant, assess whether the standard of care was met, whether the actions or omissions of the healthcare provider deviated from this standard, and how that deviation directly caused injury. Expert witnesses provide an objective evaluation that helps courts understand complex medical situations, especially in emergency care scenarios where decisions must often be made quickly and under pressure. Their assessments can make the difference between a case proceeding successfully or being dismissed due to insufficient evidence.Steps to Filing a Malpractice Claim
Navigating a claim for emergency room negligence in Florida involves several legal steps. First, a pre-suit medical review is conducted to determine the validity of the claim. Florida law then requires plaintiffs to provide a notice of intent to the healthcare provider at least 90 days before filing a lawsuit. Following this, a formal complaint is filed, initiating the legal process in the appropriate court. Discovery then allows both parties to gather evidence, including medical records and witness statements. Most cases attempt settlement discussions, but unresolved disputes may proceed to trial. Florida law imposes a general statute of limitations of two years from the date of injury or discovery, though exceptions exist for minors and cases involving foreign objects left inside the patient.Evaluating Damages and Compensation
Victims of emergency room errors may pursue compensation for economic and non-economic damages. Economic damages cover tangible costs, such as medical bills, rehabilitation, and lost income. Non-economic damages address intangible losses, including pain, suffering, and emotional distress. In rare cases of egregious misconduct, punitive damages may also be awarded. Compensation is assessed based on the severity of injuries, the impact on quality of life, and expert testimony confirming the causal link between negligence and harm.
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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.