Understanding Medical Errors and Malpractice 
Medical errors occur when a healthcare professional fails to follow the accepted standard of care, resulting in harm to the patient. These errors may include misdiagnosis, incorrect treatment, surgical mistakes, medication errors, or delayed intervention. Not all mistakes qualify as actionable medical malpractice. To be considered negligence under Florida law, the error must have directly caused measurable harm, such as prolonged illness, permanent injury, additional medical expenses, or lost income.
Patients often seek a second opinion to confirm the accuracy of a diagnosis or treatment plan. While some second opinions validate initial medical advice, others uncover mistakes that were previously undetected. These findings can form the foundation for pursuing legal action, particularly when evidence shows that proper care would have prevented harm.
The Critical Role of a Second Opinion
A second medical opinion serves multiple purposes. First, it provides clarity on the patient’s condition and treatment options. Second, it documents findings that can support potential legal claims. Common outcomes of second opinions include:- Identifying a misdiagnosis that delayed effective treatment
- Highlighting incorrect or harmful prescriptions or dosages
- Revealing unnecessary surgical procedures or procedural errors
- Exposing failures in monitoring and responding to complications
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 MoreLegal Requirements for Medical Malpractice Claims
Florida law requires four key elements to establish a medical malpractice claim:- Duty of Care: The healthcare provider had an obligation to deliver competent care to the patient.
- Breach of Duty: The provider failed to meet the standard of care expected in similar circumstances.
- Causation: The provider’s breach directly caused harm to the patient.
- Damages: The patient suffered tangible harm, including physical injury, additional medical costs, or emotional suffering.
Expert Witnesses and Documentation
In Florida, medical malpractice claims typically require expert testimony to show that the provider’s actions deviated from standard care. Experts review medical records, diagnostic tests, and treatment plans, including the second opinion, to determine whether the patient suffered harm due to negligence. Attorneys coordinate these evaluations and ensure that expert opinions are properly documented for potential use in negotiation, mediation, 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
Timing and Statutes of Limitations
Florida’s statute of limitations generally allows two years from the date the injury is discovered or should have been discovered to file a medical malpractice claim. Certain exceptions exist, such as cases involving minors or foreign objects left inside the body. Prompt action following a second opinion that uncovers an error is essential to avoid missing deadlines and to preserve evidence.Navigating Your Options
After a second opinion reveals an error, patients have multiple legal options:- Negotiated Settlements: Many claims are resolved through insurance negotiations before formal litigation.
- Civil Lawsuits: Filing a medical malpractice lawsuit allows a patient to pursue damages in court if settlement attempts fail.
- Alternative Dispute Resolution: Mediation or arbitration may provide a faster or less adversarial resolution than trial.
How Faiella & Gulden, P.A. Can Assist
Faiella & Gulden, P.A. specializes in medical malpractice cases across Orlando and Florida. Attorneys help patients by:- Reviewing all medical documentation, including second opinions
- Coordinating expert witnesses to assess negligence
- Calculating damages, including ongoing medical care and lost income
- Representing clients in negotiations, alternative dispute resolution, or trial
Case Scenarios and Real-World Examples
An Orlando patient whose second opinion revealed a delayed cancer diagnosis provides a practical illustration. An expert determined that earlier intervention could have improved outcomes significantly. With Faiella & Gulden, P.A.’s support, the patient pursued compensation for medical bills, lost income, and pain and suffering. Other cases involve surgical errors, medication mistakes, or failure to respond to complications, each requiring careful evaluation of the facts, expert testimony, and strategic legal action.Steps Patients Should Take
- Request copies of all medical records related to the initial care.
- Obtain a detailed written second opinion.
- Schedule a consultation with an experienced medical malpractice attorney.
- Maintain a record of symptoms, treatments, and communications with healthcare providers.
Preparing for Negotiation or Litigation
Effective representation requires thorough preparation. Attorneys organize documentation, review the second opinion, consult medical experts, and develop a strategy that supports fair compensation. Settlement negotiations often precede litigation, and having well-prepared evidence can encourage fair offers from insurance providers. If the case proceeds to trial, expert testimony, detailed medical records, and clear evidence of causation are critical to achieving favorable results.Understanding Potential Compensation
Patients may pursue compensation for a variety of damages, including:- Medical expenses for treatment caused by the error
- Lost wages or income
- Pain and suffering or emotional distress
- Future medical care related to the injury