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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 MorePeter 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 MoreAllison 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 MoreShannon McLin
Connie Ashley
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Medical Malpractice Lawyers in Cape Coral, FL
At Faiella & Gulden, P.A., we understand that facing medical malpractice can leave you feeling overwhelmed, confused, and anxious about how to manage your medical bills and get the help you need. If you or a loved one has suffered due to a medical professional’s negligence, we are here to help. Our team of experienced medical malpractice lawyers in Cape Coral, FL, is dedicated to ensuring you receive the support you need during this challenging time.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm to the patient. This can happen due to various reasons, such as misdiagnosis, surgical errors, medication mistakes, or neglect. According to recent statistics, medical errors are the third leading cause of death in the United States, claiming over 250,000 lives each year. This alarming number highlights the importance of seeking legal help if you believe you have been a victim of medical malpractice.
Steps to Take After Facing Medical Malpractice
After experiencing a serious injury due to medical malpractice, it is crucial to take the right steps to protect your rights. First, focus on your health and seek immediate medical attention if necessary. Your well-being should always be the top priority. Once you have addressed your health concerns, document everything related to your case, including medical records, bills, and any communication with healthcare providers.
It is essential to refrain from speaking to the insurance company, even your own, without first consulting with a lawyer. Insurance adjusters are trained to minimize claims, which could jeopardize your chances of receiving fair compensation. By hiring our firm, you can avoid these pitfalls. We will handle all communications with the insurance companies and ensure your rights are protected.
When you choose Faiella & Gulden, P.A., you are choosing a dedicated team committed to fighting for your rights. We understand the emotional and financial strain that medical malpractice can cause, and we are here to help you navigate this difficult process. Our firm will work tirelessly on your case, aiming for the full and fair compensation you deserve. We believe that every victim of medical malpractice has the right to justice, and we will not stop until you receive it.
We take pride in offering personalized legal assistance and are ready to guide you through each step of the legal process. Our commitment to your case starts immediately upon hiring us, and we will keep you informed every step of the way.
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Mistakes to Avoid After Suffering an Injury Due to Medical Malpractice in Cape Coral, FL
Suffering an injury due to medical malpractice can be a life-changing experience. Many individuals are unsure of the next steps to take after such a traumatic event. It is important to be aware of common mistakes that could harm your claim and your health. By understanding these mistakes, you can protect your rights and seek the compensation you deserve.
Choosing the Wrong Lawyer
One of the biggest mistakes people make is hiring a lawyer who is not a trial attorney. Insurance companies have a lot of power and resources, and they often know which lawyers regularly go to trial. If your attorney is not comfortable in the courtroom, the insurance companies may take advantage of that. Choosing a lawyer who focuses on medical malpractice is also crucial. A lawyer who understands the complexities of medical malpractice cases will be better equipped to navigate the legal system and advocate for your rights. Faiella & Gulden, P.A. has a proven track record of handling medical malpractice cases in Cape Coral, FL, and we are here to guide you through the process.
Delaying Medical Treatment
Another common mistake is not seeking immediate medical treatment after an injury. It is vital to get medical attention as soon as possible. Delaying treatment can not only worsen your condition but can also affect your claim. Insurance companies may argue that if you did not seek treatment right away, your injuries were not serious. It is essential to document all medical visits and follow your doctor’s orders closely. Faiella & Gulden, P.A. can help you understand the importance of timely medical treatment and how it impacts your case.
Ignoring Doctor’s Orders
Following your doctor’s orders is important for your recovery and your legal case. Skipping appointments or treatments can lead to complications in your health, and it can weaken your claim. If the insurance company sees that you are not following through with treatment, they may argue that you are not taking your injuries seriously. At Faiella & Gulden, P.A., we advise clients to stay committed to their treatment plans and maintain open communication with their healthcare providers.
Talking to the Insurance Company Alone
It can be tempting to talk directly to the insurance company about your claim, but this can be a serious mistake. Insurance adjusters are trained to minimize payouts and may use your statements against you. Without legal representation, you might unintentionally say something that undermines your claim. It is always best to consult with a medical malpractice lawyer before speaking with the insurance company. At Faiella & Gulden, P.A., we can handle all communications with the insurance company on your behalf, allowing you to focus on your recovery.
Frequently Asked Questions About Medical Malpractice in Cape Coral, FL
Medical malpractice occurs when a healthcare provider fails to provide the standard of care that a patient deserves, leading to injury or harm. This can include misdiagnosis, surgical errors, improper treatment, or failure to inform patients about potential risks.
To determine if you have a valid claim, consider whether a healthcare professional acted negligently and if that negligence directly caused your injury. Consulting with medical malpractice lawyers in Cape Coral, FL, can provide clarity on your situation.
If you suspect you have been harmed due to medical malpractice, document everything related to your treatment, including medical records and correspondence with your healthcare provider. It’s essential to seek legal advice as soon as possible to understand your rights and options.
In Florida, the statute of limitations for filing a medical malpractice claim is generally two years from the date you discovered the injury. However, there are exceptions, so consulting with medical malpractice lawyers in Cape Coral, FL, is crucial for understanding your specific situation.
Victims of medical malpractice may be entitled to compensation for various damages, including medical expenses, lost wages, pain and suffering, and emotional distress. The amount can vary significantly based on the details of the case.
Not all medical malpractice cases go to trial. Many are settled out of court. However, if a fair settlement cannot be reached, your case may proceed to trial. Legal representation can help navigate this process.
It’s common for healthcare providers to deny negligence. Building a strong case requires thorough evidence and testimony. Medical malpractice lawyers in Cape Coral, FL, can help gather the necessary documentation to support your claim.
Most medical malpractice lawyers in Cape Coral, FL, work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows you to pursue your claim without upfront costs.
A medical malpractice case typically involves an initial consultation, gathering evidence, filing a claim, negotiating with insurance companies, and potentially going to trial. Your attorney will guide you through each step to ensure your rights are protected.
Medical Malpractice Lawyers in Cape Coral, FL Client Story
This client story is for educational purposes only.
Joshua felt a sharp pain in his side as he woke up one morning. He tried to ignore it, thinking it would go away, but it only got worse. After a few days, he decided to visit the doctor. When he arrived, he expected answers and help. Instead, he was rushed through tests and sent home with medicine that didn’t work.
Weeks passed, and Joshua’s pain continued to grow. He couldn’t enjoy his favorite activities like fishing or playing basketball with his friends. It felt like he was missing out on life. Frustrated and worried, Joshua sought a second opinion. The new doctor ran several tests and discovered something shocking. Joshua had been misdiagnosed. He needed surgery, and the delay had made his situation worse.
Feeling scared and overwhelmed, Joshua didn’t know where to turn. After his surgery, he learned that he had suffered due to medical mistakes. The feeling of betrayal hit him hard. He had trusted the first doctor to take care of him, but instead, he had been let down. This was not just about pain; it was about his life, his hopes, and his dreams.
While searching for help, Joshua found Faiella & Gulden, P.A. He read about how attorney Peter J. Gulden III had helped others like him in Cape Coral. After a few deep breaths, he made the call. When he met Peter, Joshua felt a wave of relief. Peter listened to his story, nodding with understanding. He explained what medical malpractice meant, and how he could help Joshua get justice.
With Peter by his side, Joshua felt stronger. They worked together to gather all the information and evidence needed for his case. Peter guided him through every step, making sure Joshua understood what was happening. He wasn’t just a lawyer; he was a friend who cared about Joshua’s future.
After a long and challenging journey, Joshua’s case went to court. With Peter’s support, he told his story, sharing how the medical mistakes had affected his life. Peter stood beside him, presenting evidence and fighting for Joshua’s rights.
When the judge finally announced the decision, Joshua felt tears of joy roll down his face. They had won! The support and compensation meant so much. It wasn’t just about money; it was about getting justice and the chance to rebuild his life.
Joshua’s experience taught him that he was not alone. With Peter’s help, he could stand up against the wrongs done to him. Now, he is back to enjoying fishing and playing basketball with his friends. He often thinks about how far he has come and is grateful for Peter and the team at Faiella & Gulden, P.A.
Contact Faiella & Gulden, P.A.
If you or someone you know has suffered serious injuries because of medical malpractice in Cape Coral, it is important to get help. At Faiella & Gulden, P.A., we understand how difficult this time can be for you and your family. We are here to listen to your story and provide the guidance you need. Our team of medical malpractice lawyers in Cape Coral, FL, is ready to fight for your rights and help you seek the compensation you deserve. We offer free consultations to discuss your case. This means you can talk to us without worrying about any costs upfront. You will have the opportunity to ask questions and learn about your options.
Working with us means that you will not owe any money unless we achieve a successful result on your claim. This approach allows you to focus on your recovery while we handle the legal process. Your health and well-being are our top priority. Do not wait to reach out to us. Contact Faiella & Gulden, P.A. today to take the first step towards justice. Together, we can hold those responsible accountable and work towards securing the compensation you need to move forward.
Client Reviews
If you really need an excellant plaintiff’s attorney and one that will give you the attention required and help you resolve your legal issue to the best possible resolution – THIS is the BEST law firm to go to. With all the advertising and very superficial legal service we seem to be inundated with these days, it is rare indeed to see attorneys like Faiella and Gulden who are the “real deal” and actually practice law with character, professionalism, and a true sense of respect and responsibility for their clients.