Medical Malpractice Lawyers in Daytona Beach, FL
Helping Clients Across Orange County and Southwest Florida
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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 Daytona Beach, FL
At Faiella & Gulden, P.A., we understand that if you or a loved one has faced medical malpractice, it can be a confusing and overwhelming time. You may feel worried about your health, your ability to pay your bills, and what steps to take next. Our team is here to help you navigate through these difficult moments. If you require an attorney for a medical malpractice matter, know that you are not alone, and we are empathetic to your situation. We believe you deserve proper care and support after suffering from a serious injury due to medical negligence.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to provide the standard of care that a reasonable provider would in similar circumstances, leading to injury or harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management. According to recent statistics, medical errors are among the leading causes of death in the United States, contributing to an estimated 250,000 fatalities each year. In Daytona Beach, FL, the impact of medical malpractice can be just as severe, affecting not only your health but also your financial stability and peace of mind.
Steps to Take After Facing Medical Malpractice
If you believe you have been a victim of medical malpractice, the first step is to seek medical attention if you have not already done so. Your health and well-being are the top priority. After that, consider gathering any documents related to your case, such as medical records, bills, and correspondence with healthcare providers. This information will be important for your case.
One crucial point to remember is to avoid speaking with insurance companies, even your own, before you have hired a lawyer. Insurance companies often try to settle quickly and for as little money as possible. Without legal representation, you may not receive the compensation you deserve for your injuries, medical expenses, and suffering. Our team at Faiella & Gulden, P.A. can advocate for you, ensuring that your rights are protected and that you are not taken advantage of during this vulnerable time.
The Importance of Legal Representation
Navigating a medical malpractice claim can be complicated, and having the right legal representation is essential for achieving a successful outcome. At Faiella & Gulden, P.A., we will guide you through every step of the process. We offer free consultations, allowing us to evaluate your case without any financial obligation on your part. If you decide to move forward with our firm, we will begin working on your case immediately, gathering evidence, consulting with specialists, and building a strong claim on your behalf.
We know that the stress of medical bills and lost wages can be overwhelming. You may be wondering how you will make ends meet while dealing with the aftermath of an injury. Our firm is dedicated to fighting for your full and fair compensation. We will not stop until you receive the justice you deserve.
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Mistakes to Avoid After Suffering from Medical Malpractice
When someone suffers an injury due to medical malpractice in Daytona Beach, it can be a confusing and overwhelming experience. Knowing what steps to take—and what mistakes to avoid—can significantly impact the outcome of your case. At Faiella & Gulden, P.A., we understand the complexities of medical malpractice claims and are here to help guide you through the process.
Hiring the Wrong Lawyer
One of the most critical decisions you will make is choosing the right lawyer. Many people mistakenly hire lawyers who do not focus on medical malpractice or are not trial attorneys. This is a significant error because insurance companies often know which lawyers are experienced in the courtroom. They are more likely to take a case seriously if it is handled by a lawyer known for winning trials. By choosing a lawyer who does not primarily handle medical malpractice cases, you may not receive the dedicated representation you deserve. Faiella & Gulden, P.A. focuses on medical malpractice cases, giving you a better chance at obtaining the compensation you need.
Delaying Medical Treatment
Another common mistake is failing to seek immediate medical treatment after an injury. When you experience an injury due to medical malpractice, it is crucial to get a proper evaluation and treatment as soon as possible. Delays in medical care can worsen your condition and can also be used against you in court. If you do not follow up with doctors, you may not have adequate documentation to support your claim. At Faiella & Gulden, P.A., we 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 essential for your health and your legal claim. Skipping appointments or not following prescribed treatments can hurt your recovery and weaken your case. Insurance companies may argue that your injuries are not as serious as you claim if you do not adhere to medical advice. Consistency in your treatment can strengthen your position, and our team at Faiella & Gulden, P.A. can assist you in navigating these medical requirements while you focus on your recovery.
Speaking to the Insurance Company Without a Lawyer
Finally, talking to the insurance company without legal representation can jeopardize your claim. Insurance adjusters are trained to minimize payouts, and they may use your statements against you. It is essential to have a skilled medical malpractice lawyer in Daytona Beach, FL, who can communicate with the insurance company on your behalf. At Faiella & Gulden, P.A., we are experienced in dealing with insurance claims and can help protect your rights.
Frequently Asked Questions About Medical Malpractice in Daytona Beach, FL
Medical malpractice occurs when a healthcare provider fails to deliver the standard of care that a reasonably competent professional would provide in similar circumstances, leading to harm or injury to the patient. This can include misdiagnosis, surgical errors, medication mistakes, or failure to obtain informed consent. In Daytona Beach, FL, proving medical malpractice involves demonstrating that the healthcare provider’s actions deviated from accepted medical practices and that this deviation directly caused the patient’s injury.
To determine if you have a valid medical malpractice claim, it’s essential to assess whether your healthcare provider acted negligently and whether that negligence resulted in your injury. If you experienced significant harm due to inadequate care, you may have grounds for a claim. Consulting with medical malpractice lawyers in Daytona Beach, FL, can help you evaluate the specifics of your situation, gather necessary documentation, and understand your legal rights.
If you suspect you have been a victim of medical malpractice, the first step is to seek appropriate medical care for your injuries. After addressing your health needs, document all relevant information regarding your treatment, including medical records, bills, and any correspondence with healthcare providers. Consider reaching out to medical malpractice lawyers in Daytona Beach, FL, who can guide you through the legal process and help you assess the strength of your case.
In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the injury or when the injury was discovered. However, specific circumstances may affect this timeline. It is crucial to consult with medical malpractice lawyers in Daytona Beach, FL, as soon as possible to ensure you meet all deadlines and preserve your right to pursue compensation.
If you successfully prove your medical malpractice claim, you may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, and future healthcare costs related to your injury. In certain cases, you may also seek compensation for loss of enjoyment of life and emotional distress. Medical malpractice lawyers in Daytona Beach, FL, can help you understand the types of damages available in your situation and work to maximize your compensation.
Many medical malpractice cases are settled out of court through negotiations between your attorney and the healthcare provider’s insurance company. However, if a fair settlement cannot be reached, your case may proceed to trial. Medical malpractice lawyers in Daytona Beach, FL, will evaluate your case and advise you on the best course of action, whether that involves pursuing a settlement or going to trial to seek justice for your injuries.
Most medical malpractice lawyers in Daytona Beach, FL, work on a contingency fee basis. This means you will not owe any legal fees unless they successfully recover compensation for you. The contingency fee typically ranges from 30% to 40% of the total amount awarded. It’s essential to discuss fee structures and any additional costs during your initial consultation to ensure you have a clear understanding of the financial aspects of your case.
Medical Malpractice Lawyers in Daytona Beach, FL Client Story
This client story is for educational purposes only.
Gary had always been a cheerful guy, full of dreams and plans. He worked hard at his job and loved spending time with his family. One day, he had to go to the hospital for a simple procedure. Everyone said it was routine, and Gary felt safe. But things didn’t go as planned. A mistake was made during the surgery, and Gary woke up in pain, confused, and scared. What was supposed to be a quick fix turned into a nightmare. He felt lost and frustrated, unable to understand how this could happen to him.
Days turned into weeks, and Gary struggled with his recovery. The pain never seemed to go away, and his life felt turned upside down. He worried about his job, his family, and his future. He didn’t know what to do. Gary felt like he was fighting a battle alone. He knew he needed help, but he didn’t know where to turn.
That’s when he heard about Faiella & Gulden, P.A., and their team of medical malpractice lawyers in Daytona Beach, FL. He decided to reach out and tell them his story. He met with Peter J. Gulden III, an attorney who listened to him with compassion and understanding. Peter looked into Gary’s case, explaining how medical mistakes could lead to serious injuries. Gary felt a glimmer of hope as Peter assured him he wouldn’t have to face this alone.
Together, they dug deep into the details of what had gone wrong during Gary’s procedure. Peter gathered evidence, spoke with medical professionals, and pieced together the facts. With every step, Gary felt more confident. Peter’s support showed him that he was not just another case; he was a person deserving of justice.
As they moved forward, Gary saw the commitment in Peter’s eyes. It wasn’t just about winning a case for Peter; it was about helping Gary get the life he deserved back. They worked together tirelessly, preparing for what lay ahead. Peter kept Gary informed and involved, making sure he understood everything that was happening.
Finally, the day of the trial came. Gary felt nervous but also hopeful. With Peter by his side, he knew he had someone who believed in him and his fight. When it was time for Peter to speak, he passionately shared Gary’s story. He explained how the medical mistake changed Gary’s life and how it shouldn’t have happened. The jury listened intently, and Gary felt a sense of empowerment as he watched Peter stand up for him.
After a tense wait, the verdict was in. Gary won his case, and tears filled his eyes as he realized what that meant. Not only would he receive the compensation he deserved, but it also meant that his voice had been heard. He felt a huge weight lift off his shoulders. The victory wasn’t just about the money; it was about justice and holding the responsible parties accountable.
With Peter’s help, Gary learned that he could rebuild his life. He was able to get the treatment he needed and even return to his job. Most importantly, he was able to spend time with his family again, making new memories and feeling like himself once more.
Contact Faiella & Gulden, P.A. for Help
If you or a loved one has been seriously injured due to medical malpractice in Daytona Beach, FL, it is important to get help from people who understand the law and can protect your rights. At Faiella & Gulden, P.A., we know how hard it can be to deal with the pain and stress that comes from medical mistakes. Our team of dedicated medical malpractice lawyers in Daytona Beach, FL, is here to listen to your story and offer guidance on what to do next.
We offer free consultations, which means you can talk to us about your situation without any cost. This is your chance to learn about your rights and the options available to you. Our lawyers will explain the process clearly so you know what to expect. We work on a contingency fee basis, which means you never have to pay us unless we win your case. This gives you peace of mind, knowing that we are fully committed to achieving a successful result for you.
If you are facing the challenges of recovering from an injury caused by medical malpractice, don’t hesitate to reach out. We are here to help you get the justice you deserve. Contact Faiella & Gulden, P.A. today to schedule your free consultation. Let us stand by your side as we fight for your rights and seek the compensation you need to move forward with your life.
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.