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.
Learn More
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.
Learn More
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 MoreCommon Scenarios Where Tests Are Missed 
Diagnostic failures can take many forms, but several common patterns emerge in Florida cases. One frequent scenario involves persistent symptoms that are ignored or misinterpreted. For example, a patient experiencing unexplained abdominal pain may not receive an ultrasound, CT scan, or other imaging that could reveal a serious condition such as cancer. In another scenario, a physician may overlook warning signs of cardiovascular disease and fail to order an electrocardiogram or stress test, delaying treatment for potentially life-threatening heart conditions. Blood tests may also be neglected, resulting in missed diagnoses for conditions like anemia, infections, or metabolic disorders. These omissions often exacerbate the patient’s illness and can result in permanent injury, extended hospital stays, or costly medical interventions. Each of these examples highlights the importance of timely and accurate diagnostic testing in preventing unnecessary harm. Legal Requirements for Proving Diagnostic Negligence in Florida
Florida law sets clear standards for proving medical malpractice claims involving diagnostic errors. To establish that a healthcare provider is legally responsible, four elements must typically be demonstrated: duty of care, breach of duty, causation, and damages. First, it must be shown that the provider owed a duty of care to the patient, which is inherent in the physician-patient relationship. Second, the patient must establish that the provider breached this duty by failing to order the appropriate test or by acting below the accepted standard of medical practice. Third, causation must be demonstrated, proving that this breach directly caused harm or worsened the patient’s condition. Finally, damages must be shown, including physical injuries, emotional suffering, additional medical expenses, or lost income. Successfully proving these elements requires meticulous preparation, thorough documentation, and often the support of medical experts.
Gathering Evidence for Diagnostic Negligence Claims
Collecting and preserving evidence is critical in building a strong case for diagnostic negligence. Complete medical records are essential, including documentation of symptoms, clinical notes, and tests that were performed or omitted. These records help establish the timeline of care and illustrate where a physician’s actions deviated from standard practice. Expert medical testimony is also indispensable, as it allows a qualified professional to explain whether the care provided fell short of the standard expected under similar circumstances. Additionally, witnesses such as nurses, lab technicians, or other staff who observed the patient’s care can provide critical insight into the events leading up to the missed or delayed diagnosis. Detailed documentation of symptom progression and subsequent medical complications strengthens the claim, illustrating how timely testing could have prevented or mitigated harm.The Role of Expert Witnesses
In cases involving diagnostic negligence, medical experts play a central role in explaining complex medical issues to judges and juries. These experts are tasked with confirming that the provider’s failure to order the appropriate test constituted a deviation from the standard of care. They may also clarify how earlier intervention could have prevented injury or improved the patient’s prognosis. Faiella & Gulden, P.A., works closely with experts to ensure that their testimony is precise, credible, and comprehensible to non-medical audiences. Expert witnesses help translate clinical details into understandable evidence, demonstrating both breach and causation clearly and persuasively. Their insights often determine whether a case moves forward successfully, and their involvement is essential in establishing liability in diagnostic negligence claims.
"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
Filing a Diagnostic Negligence Claim in Florida
Florida law outlines specific procedural requirements for pursuing a claim when a doctor fails to order a necessary test. Before filing, the patient or their attorney must provide notice to the healthcare provider and include an affidavit from a medical expert supporting the claim. The statute of limitations generally allows two years from the date the injury was discovered to file a lawsuit, with a maximum of four years from the date of the negligent act. These timelines are strictly enforced, making prompt legal consultation critical. In many cases, initial settlement negotiations can resolve disputes without litigation, though complex claims may proceed to trial if a fair agreement cannot be reached. Skilled representation ensures that all procedural steps are followed correctly, preserving the patient’s rights and maximizing potential recovery.How an Orlando Medical Malpractice Attorney Can Assist
Engaging an experienced attorney is vital in navigating the complexities of diagnostic negligence cases. Lawyers from Faiella & Gulden, P.A., provide comprehensive support throughout the legal process. They review medical records, identify deviations from standard care, coordinate with medical experts, and ensure that all filings comply with Florida law. Attorneys also manage negotiations with insurance companies to secure fair compensation for medical bills, lost wages, and pain and suffering. In cases where a settlement is insufficient, they are prepared to advocate in court, presenting compelling evidence and expert testimony to hold the negligent provider accountable. The guidance of a skilled attorney increases the likelihood of a successful resolution and provides crucial support for patients coping with the aftermath of a missed diagnosis.Case Scenarios Illustrating Diagnostic Negligence
Consider a patient who presented with recurring headaches and vision changes. Despite clear neurological symptoms, no imaging tests were ordered, and a brain tumor went undetected until it had progressed significantly. Legal intervention allowed the patient to obtain compensation for medical expenses, lost income, and pain and suffering. In another case, a woman with persistent chest pain was not given an ECG, delaying the diagnosis of a heart condition. Early recognition could have prevented hospitalization and long-term heart damage. These real-world examples demonstrate the consequences of missed tests and the critical role of legal advocacy in ensuring accountability. They highlight the necessity of thorough documentation, expert testimony, and legal expertise to secure just outcomes.Preventing Diagnostic Errors
While patients cannot control every aspect of their medical care, there are steps that can help reduce the likelihood of missed or delayed diagnoses. Maintaining a comprehensive record of personal medical history, actively questioning the need for certain tests, and seeking second opinions for unresolved symptoms can all support better outcomes. Patients should track all symptoms, medications, and any changes in condition, creating a detailed record that can be invaluable if negligence occurs. Though these actions cannot eliminate errors entirely, they strengthen the patient’s position should legal action become necessary and can facilitate more accurate and timely care. When a doctor fails to order the appropriate diagnostic test, the consequences can be severe and life-altering. Understanding the legal framework for addressing these errors is essential for patients in Orlando and throughout Florida. Faiella & Gulden, P.A., offers experienced guidance to help individuals navigate the complex medical malpractice system, coordinate with expert witnesses, and pursue the compensation they deserve. Early consultation with a skilled attorney can ensure that crucial evidence is preserved, deadlines are met, and claims are managed effectively, providing patients with the best possible opportunity for justice and financial recovery. Disclaimer: This information is for general purposes only and does not constitute legal advice. Contact a qualified attorney to discuss your specific situation.To learn more about this subject click here: What Happens When Test Results Fall Through the Cracks? Proving Negligence in Florida