Elizabeth H. Faiella
Elizabeth Hawthorne Faiella is an experienced medical malpractice attorney, as well as a noted lecturer and author. She has been practicing law since 1976, when she received her Juris Doctor from Emory University School of Law in Atlanta, Georgia. Ms. Faiella is a member of the Inner Circle of Advocates, the most prestigious and selective attorney organization in America. Membership is limited to the top 100 plaintiff’s trial attorneys in the entire Nation.
In addition, Ms. Faiella is board-certified in Civil Trial Law by The Florida Bar, an accomplishment that only 7% of eligible attorneys achieve. Since 1983, Elizabeth has kept her certification current, and was awarded a 25-year certificate for her efforts in 2008.
Read Elizabeth Faiella's thoughts on being a woman in the courtroom featured in The Atlantic
Elizabeth has represented plaintiffs in numerous jury trials. These cases involved claims of medical negligence, automobile accidents, premises liability, defamation, amusement park device failures, negligent supervision in amusement parks, assault and battery, paternity, excessive force by police officers, fraud, malicious prosecution, tortious interference with business relations, intentional infliction of emotional distress, constitutional deprivation of due process by a private corporation, defective road maintenance, and more.
Throughout her distinguished 40-year career, Ms. Faiella has won multiple verdicts and settlements of $1 million or higher, but has also devoted her time to her fellow professionals, teaching and lecturing on legal topics nearly 60 times, and serving on the Florida Bar Board of Civil Trial Certification Committee. She also wrote Women Trial Lawyers: How They Succeed in Practice and in the Courtroom, Chapter 4 "Voir Dire in the Medical Negligence Case: Key Factors in Choosing and Conditioning Jurors" in 1978, and co-authored "Battling Ageism in Cancer Negligence Cases" for Trial Magazine in 2007. Elizabeth now devotes her practice entirely to medical malpractice claims, because she passionately believes that medical care should improve health, not hinder it.
The AV Rating is the highest possible rating given by LexisNexis Martindale-Hubbell Peer Review for a lawyer and is established wholly on a peer-review basis. The AV Preeminent designation signifies that attorneys have been rated by Judges and fellow attorneys as having the highest possible rating for legal abilities and ethical standards.
Elizabeth is fluent in Spanish and Italian.
Education:
Juris Doctor, Emory University School of Law, Georgia, 1976
Bachelor of Arts, Trinity University, Texas; major in Foreign Language, 1969
Professional Credentials:
Admitted to practice in the State of Florida in December, 1976
Admitted to practice in the Middle District of Florida in January, 1977
Designated by the Florida Bar Designation Plan in December, 1978, as a specialist in the field of Trial Practice - Personal Injury and Wrongful Death
Board Certified in Civil Trial Law by the Florida Bar on July 1, 1983
Recertified July 1, 1988
Recertified July 1, 1993
Recertified July 1, 2008 (25 year certificate awarded)
Recertified July 1, 2013
Board Certified Civil Trial Lawyer by the National Board of Trial Advocacy on June 30, 1984
Chairman of Women's Caucus of the Association of Trial Lawyers of America (ATLA) 1989;
First Vice Chair, Women's Caucus of ATLA, 1988;
Second Vice Chair, Women's Caucus of ATLA, 1987
Designated as Faculty Member of the National College of Advocacy by ATLA on 11/16/89
Designated as Advocate by the National Board of Trial Advocacy on March 13, 1993
Examiner — Florida Bar Board of Civil Trial Certification Committee 1993 - 1994
Examiner — Florida Bar Board of Civil Trial Certification Committee 1994 - 1995
Examiner — Florida Bar Board of Civil Trial Certification Committee 1995 - 1996
Examiner — Florida Bar Board of Civil Trial Certification Committee 1996 - 1997
Invited to Million Dollar Advocate’s Forum June 1, 1995
Examiner and Vice Chair Florida Bar Board of Civil Trial Certification Committee 1997
Faculty Member - International Institute for Continuing Medical Education - 1998
Faculty Member - International Institute for Continuing Medical Education – 1999
Memberships & Associations:
Inner Circle of Advocates
American Association for Justice (formerly the Association of Trial Lawyers of America)
Florida Bar Association (Board Certified in Civil Trial Law)
Orange County Bar Association
Florida Justice Association
Florida Association of Women Lawyers
Central Florida Association of Women Lawyers
American Bar Association
American Society of Law and Medicine
National Board of Trial Advocacy
Million Dollar Advocates Forum
Multi-Million Dollar Advocates Forum
Martindale-Hubbell AV Rated
The National Trial Lawyers: Medical Malpractice Trial Lawyers Association Top 25
Presentations & Publications:
LECTURER, University of Central Florida, 1981, "The Proper Relationship between the Attorney and Paralegal"
LECTURER, Rollins College, 1981, "The Lawyer's Function in the Presentation of the Catastrophic Injury"
LECTURER, Valencia Community College, 1982, "Appreciating the Benefits of the Spanish/American Intellectual Exchange"
LECTURER, ATLA Lawyering Conference, Pittsburgh, Pennsylvania, 1983 "Landlord Liability for Inadequate Security"
LECTURER, University of Central Florida, 1983, "The Medical Records Custodian's Role in the Medical Negligence Action"
LECTURER, ATLA National Convention, Seattle, Washington, 1984, Torts Section, "Using Shadow Juries Economically and Debriefing the Real Jury"
LECTURER AND WORKSHOP LEADER, American Trial Lawyers' Association, Basic Trial Advocacy Course: Miami, Florida, 1984, Lecture topics: Voir Dire, Opening Statement, Summation and Cross-Examination
LECTURER, AFTL Spring Seminar, Amelia Island, Florida, 1985, "Cross-Examination of the Adverse Medical Expert in a Medical Negligence Case"
LECTURER, Alabama Trial Lawyers Association, 1985, "Jury Selection: When You Wish You Could Skip It"
LECTURER AND WORKSHOP LEADER, American Trial Lawyers' Association, Basic Trial Advocacy Course: Washington, D.C., 1985, Lecture topics: Voir Dire, Opening Statement, Summation and Cross-Examination
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1986, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference With the Client"
LECTURER, ATLA Convention, New York, New York, 1986, "Picking the Jury in an Extremely Difficult Case"
LECTURER AND WORKSHOP LEADER, American Trial Lawyers' Association, Basic Trial Advocacy Course: Orlando, Florida, 1987, Lecture topics: Voir Dire, Opening Statement, Summation and Cross-Examination
AUTHOR, Women Trial Lawyers: How They Succeed In Practice And In The Courtroom, Chapter 4 "Voir Dire in the Medical Negligence Case: Key Factors in Choosing and Conditioning Jurors," 1987
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1988, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER AND WORKSHOP LEADER, American Trial Lawyers' Association, Basic Trial Advocacy Course: San Antonio, 1988 Lecture topics addressed include: Voir Dire, Opening Statement, Summation and Cross-Examination
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1989, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
PANELIST, Florida Bar Association Mid-Year Meeting, Orlando, Florida, 1989, "Effective Trial Lawyer Communication and Persuasion"
LECTURER, ATLA, Weekend With the Stars, New York, 1989, "Setting the Stage: Toward a More Effective Voir Dire"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1990, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER AND WORKSHOP LEADER, American Trial Lawyers' Association, Basic Trial Advocacy Course: Washington, D.C., 1989, Lecture topics: Voir Dire, Opening Statement, Summation and Cross-Examination
LECTURER, Minnesota Trial Lawyers Association, Eighth Annual Convention, 1990, "Voir Dire: Avoiding Fatal Attractions"
PANELIST, ATLA Winter Convention, Orlando, Florida 1990, "Women in the Courtroom"
LECTURER, AFTL 6th Annual Workhorse Seminar, Tampa, Florida, 1992, "The Civil Rights Case, A One Hundred-Twenty-Year-Old Idea Whose Time Has Come"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1992, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER, Minnesota Trial Lawyers Association, Tenth Annual Convention, 1992 "The 10 Commandments of Litigation (Revised)"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1993, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference With the Client"
LECTURER, AFTL 8th Annual Workhorse Seminar, Orlando, Florida, 1994, "The Seven Cardinal Sins of Working With Damages Experts"
LECTURER, The Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1994, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1995, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1996, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER, ATLA Convention, Boston, Massachusetts, 1996, "Proving Malpractice in Laparoscopic Surgery"
LECTURER, AFTL 11th Annual Workhorse Seminar, Orlando, Florida, 1997 "Cross Examination of the Defendant's Medical Negligence Expert"
PANELIST, University of Orlando School of Law, East Central Diabetic Association and Central Florida Association of Diabetes Educators, Orlando, Florida, 1997 "Legal Issues in Healthcare"
LECTURER, AFTL 1997 Workhorse Seminar, Orlando, Florida, 1997, "How to Cross Examine the Defendant’s Expert in the Medical Malpractice Case"
LECTURER, AFTL Spring Trial Skills Seminar, Orlando, Florida, 1997, "Direct Examination: Making it Interesting and Persuasive"
LECTURER, AFTL Insurance Bad Faith Law: A Personal Injury Attorney’s Perspective, Tampa, Florida, 1997 "Bad Faith in Medical Malpractice Cases"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1997, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER, AFTL Young Lawyers Section, Tampa, Florida 1997, "Direct and Cross Examination of Experts - The Nuts and Bolts"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1998, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER and PANELIST, International Institute for Continuing Medical Education, New York, New York, April 1998, The Missed or Delayed Diagnosis of Breast Cancer, "The Law, the Standard of Care and Malpractice, Comments on PIAA Report and Discussion Regarding Why Patients Sue Doctors, Vicarious Liability, Causation and the Delay of Diagnosis, and Subpoenas: What do they mean? What is required regarding original films?"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, 1999, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference With the Client"
LECTURER and PANELIST, International Institute for Continuing Medical Education, Atlanta, Georgia, April 1999, The Missed or Delayed Diagnosis of Breast Cancer, "The Law, the Standard of Care and Malpractice, Comments on PIAA Report and Discussion Regarding Why Patients Sue Doctors, Vicarious Liability, Causation and the Delay of Diagnosis, and Subpoenas: What do they mean? What is required regarding original films?"
LECTURER, Academy of Florida Trial Lawyers Jury Selection Seminar, Tampa, Florida, July, 1999, Jury Selection in the Minor Injury Case
LECTURER and PANELIST, International Institute for Continuing Medical Education, New York, New York, October 1999, The Missed or Delayed Diagnosis of Breast Cancer, "The Law, the Standard of Care and Malpractice, Comments on PIAA Report and Discussion Regarding Why Patients Sue Doctors, Vicarious Liability, Causation and the Delay of Diagnosis, and Subpoenas: What do they mean? What is required regarding original films?"
LECTURER, American Trial Lawyers Association Annual Convention San Juan, Puerto Rico, January, 2000 "Direct Examination of the Plaintiff’s Accident Reconstructionist" and "Cross-Examination of the Biomechanical Engineer"
LECTURER and PANELIST, Academy of Florida Trial Lawyers Medical Malpractice Seminar, Orlando/Ft. Lauderdale, Florida, April, 2000, "Winning the Delayed Diagnosis of Cancer Case"
LECTURER, Academy of Florida Trial Lawyers General Session Advanced Trial Skills Seminar, June, 2000, "Medical Negligence, The Dam Has Broken"
LECTURER, Montana Trial Lawyers Association, MTLA Annual Convention, Polson, Montana, July, 2000 "Winning the Delayed Diagnosis of Cancer Case"
LECTURER, Academy of Florida Trial Lawyers 2000 Fall Advanced Trial Skills Seminar, October, 2000, "Creative Trial Strategies"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, October, 2000, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER, Alabama Trial Lawyers Association, Inc., Mid-Winter Conference, January 2001, "Creative Trial Strategies"
PANELIST, Academy of Florida Trial Lawyers, Women’s Caucus, 2001 Workhorse Seminar, February 2001, "Doing It All!: A Panel Discussion"
LECTURER, Alabama Trial Lawyers Association, Inc., Annual Seminar, June 2001, "Creative Trial Strategies"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, March, 2002, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER, the Florida Bar, Young Lawyers Division, Miami/Tampa, Florida, March, 2004, The Basics of Personal Injury Seminar, "Case Evaluation, Initial Investigation and Conference with the Client"
LECTURER, Academy of Trial Lawyers Association, Teleseminar, May 25, 2004, Handling "Failure to Diagnose and Treat Heart Disease Cases" and Screening "Heart Disease Cases"
LECTURER, Academy of Trial Lawyers Association, Washington, D.C., October 7, 2005, Litigating Medical Negligence Cases, "Winning the Delayed Diagnosis of Cancer Case"
CO-AUTHOR, Battling Ageism in Cancer Negligence Cases, Trial Magazine, Volume 43, Issue 5, May, 2007
LECTURER/DEMONSTRATION, American Association of Justice, Chicago, Illinois, July 14, 2007, Advocacy Track- A Brief Visit to the Colleges, Essentials of Litigation, "Plaintiff’s Opening Statement"
LECTURER, American Association for Justice, Phoenix, Arizona, January 30, 2009, Litigating Medical Negligence Cases, "Preparing and Trying the Cancer Case"
LECTURER, Kentucky Justice Association, Louisville, Kentucky, September 10, 2009, "When the Defense Pushes You Off the Cliff, How to Land on Your Feet"
LECTURER, Virginia Trial Lawyers Association, Williamsburg, Virginia, March 26, 2010, "How to Land on Your Feet when the Defense Pushes You Off a Cliff"
LECTURER, Ohio Association for Justice, Columbus, Ohio, May 12, 2011, "How to Land on Your Feet when the Defense Pushes You Off a Cliff"
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