Medical Malpractice Lawyers in Fort Myers, 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 Fort Myers, FL
At Faiella & Gulden, P.A., we understand how overwhelming it can feel when you or a loved one faces a medical malpractice situation. You might be confused, worried about medical bills, or anxious about receiving proper care. Our team is here to support you through this difficult time, ensuring you understand your rights and options. If you require an attorney for a medical malpractice matter, we are here to help you navigate the process and fight for the compensation you deserve.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to deliver the standard of care expected in their field, resulting in harm to a patient. In Fort Myers, FL, common forms of medical malpractice include surgical errors, misdiagnosis, birth injuries, and medication mistakes. According to recent studies, medical errors are the third leading cause of death in the United States, claiming more lives each year than accidents and respiratory diseases. This alarming statistic highlights the importance of accountability in healthcare and the need for patients to seek justice when harmed.
Steps to Take After Experiencing Medical Malpractice
If you suspect you have been a victim of medical malpractice, taking the right steps is crucial to building a strong case. First, ensure that you seek immediate medical attention for any injuries sustained. Your health should always come first. After receiving care, it is essential to document everything related to your treatment. This includes keeping copies of medical records, bills, and any correspondence with healthcare providers.
Next, avoid discussing your situation with any insurance companies, including your own, until you have hired a lawyer. Insurance companies may attempt to minimize your claim or pressure you into settling for less than you deserve. By consulting with our team of medical malpractice lawyers in Fort Myers, FL, you can protect your rights and ensure that you are not taken advantage of during this vulnerable time.
We understand that dealing with the aftermath of a serious injury can be challenging. We will start working on your case as soon as you hire us, and our commitment is unwavering. Our team will tirelessly fight for full and fair compensation, whether through negotiation or in court.
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Mistakes to Avoid After Suffering from Medical Malpractice
Experiencing an injury due to medical malpractice can be overwhelming and confusing. It is important to understand some common mistakes that can hinder your ability to seek justice and compensation for your suffering. Avoiding these missteps can make a significant difference in the outcome of your case.
Hiring the Wrong Lawyer
One of the biggest mistakes is hiring a lawyer who is not a trial attorney. Insurance companies know which attorneys are willing to take cases to trial. If your attorney does not have trial experience, the insurance company may take your claim less seriously. You want someone who is ready to fight for your rights in court if necessary.
Not Choosing a Focused Attorney
Another critical mistake is not hiring an attorney who focuses on medical malpractice. Medical malpractice law is complex and requires specific knowledge about medical standards of care. An attorney who does not focus on this area may not fully understand the intricacies of your case or how to effectively argue it. It is essential to choose Medical Malpractice Lawyers in Fort Myers, FL who understand the medical field and the legal aspects involved.
Delaying Medical Treatment
Failing to seek immediate medical treatment after an incident can also weaken your claim. It is vital to document your injuries and obtain proper care. Delaying treatment may raise questions about the severity of your injuries and their connection to the malpractice incident.
Ignoring Doctor’s Orders
Following your doctor’s orders and adhering to treatment plans is equally important. Skipping appointments or not following through with treatments can be seen as neglecting your health, which may negatively impact your case.
Talking to the Insurance Company Without Legal Support
Talking to the insurance company without a lawyer is another mistake that many people make. Insurance adjusters are trained to minimize payouts and may ask questions that could undermine your case. It is in your best interest to have a qualified attorney speak on your behalf. This ensures that your rights are protected and that you do not say anything that could jeopardize your claim.
Frequently Asked Questions About Medical Malpractice in Fort Myers, FL
If you or a loved one has been injured due to medical malpractice in Fort Myers, FL, it is natural to have questions. Understanding your rights and options is essential as you navigate this challenging situation. Below are some common questions individuals may have when seeking assistance from medical malpractice lawyers in Fort Myers, FL.
Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in the medical community, resulting in injury or harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management. Essentially, if a medical professional’s actions deviate from accepted practices and lead to an injury, it may be considered malpractice.
Determining whether you have a valid medical malpractice case requires a thorough examination of the circumstances surrounding your injury. Key factors include proving that a healthcare provider had a duty to provide care, that this duty was breached, and that the breach directly caused your injury. Consulting with medical malpractice lawyers in Fort Myers, FL, can help clarify whether your situation meets these criteria.
If you believe you have been harmed due to medical negligence, it is crucial to document everything related to your case. Gather medical records, treatment details, and any correspondence with healthcare providers. Additionally, seek medical attention for your injuries if you haven’t already. Consulting with medical malpractice lawyers in Fort Myers, FL, as soon as possible can help you understand your rights and the next steps.
Yes, Florida has specific statutes of limitations for medical malpractice cases. Generally, you must file your claim within two years from the date you discovered, or reasonably should have discovered, the injury caused by malpractice. However, there are exceptions to this rule, so it is important to speak with medical malpractice lawyers in Fort Myers, FL, to ensure you understand your deadlines.
A medical malpractice lawyer can provide invaluable assistance by evaluating your case, gathering evidence, and building a strong claim on your behalf. They can also navigate the complexities of medical malpractice laws, negotiate with insurance companies, and represent you in court if necessary. With their support, you can focus on your recovery while they work to secure the compensation you deserve.
Compensation in medical malpractice cases can vary widely, depending on the specifics of your case. Potential damages may include medical expenses, lost wages, pain and suffering, and future medical care. In cases of severe injury or wrongful death, punitive damages may also be available. Medical malpractice lawyers in Fort Myers, FL, can help you assess the potential value of your claim and fight for the compensation you deserve.
While many medical malpractice cases are settled out of court, some may proceed to trial if a fair settlement cannot be reached. Your attorney will prepare your case for trial and advocate for your rights, should it be necessary to pursue a courtroom resolution. They will keep you informed every step of the way and ensure you understand the process.
Medical Malpractice Lawyers in Fort Myers, FL Client Story
This client story is for educational purposes only.
Matthew had always been the kind of person who put others first. Whether it was volunteering at the local shelter or helping his neighbors, he loved making a difference in the lives of those around him. But one day, everything changed when he faced something he never expected: medical malpractice.
After feeling unwell for weeks, Matthew finally decided to visit a doctor. He hoped to get answers so he could go back to his usual life of helping others. However, instead of receiving the care he needed, Matthew was given the wrong diagnosis. The doctor prescribed medication that made his condition worse, leaving him feeling more helpless than ever.
As the days turned into weeks, Matthew realized something was seriously wrong. He began to feel pain in places he had never experienced before. Frustrated and scared, he knew he had to take action. That’s when he discovered Faiella & Gulden, P.A. in Fort Myers, FL. He felt a flicker of hope when he met Peter J. Gulden III.
Peter listened carefully to Matthew’s story, giving him the attention he so desperately needed. With every word, Matthew felt a sense of relief wash over him. He was not alone anymore. Peter assured him that they would fight for justice and hold the doctor accountable for the harm caused.
With Peter by his side, Matthew learned about the medical malpractice process. He discovered what evidence was needed and how the law could help him. They worked together to gather all the necessary documents and testimony to support Matthew’s case. Through every step, Peter was there, guiding him and explaining things in a way that made sense.
The road was not easy. There were moments when Matthew felt overwhelmed, wondering if he would ever find justice. But Peter remained steadfast, encouraging him to keep going. “We are in this together,” he would say. That support made all the difference.
When it was time for the case to go to court, Matthew felt nervous but also empowered. He stood up in front of the judge and jury, sharing his story. With Peter’s help, he spoke from the heart about how the malpractice had changed his life. Matthew’s courage shone through, and he could see the impact his words had on the courtroom.
After what felt like a lifetime, the verdict finally came. The jury ruled in favor of Matthew, acknowledging the wrong done to him. Tears of joy filled his eyes as he realized that justice had been served. Peter smiled, knowing that all their hard work had paid off.
Matthew not only received compensation for his suffering but also regained his confidence. He could finally focus on helping others again, knowing that he had fought back against injustice. He would always be grateful to Peter J. Gulden III and Faiella & Gulden, P.A. for their unwavering support and guidance.
Get Help from Medical Malpractice Lawyers in Fort Myers, FL
If you or a loved one has suffered from medical malpractice in Fort Myers, FL, it is crucial to reach out for help. At Faiella & Gulden, P.A., we understand how overwhelming this situation can be. When you trust a medical professional, you expect them to provide the highest standard of care. When that trust is broken, it can have serious consequences for your health and your life. Our team is here to support you through this difficult time.
We offer free consultations to discuss your case and help you understand your legal options. You will not pay us anything unless we win your case. This means that our focus is solely on achieving a successful result for you. We believe that everyone deserves access to justice, and we are dedicated to making sure you receive the compensation you deserve for your injuries.
Don’t wait any longer to take action. Contact Faiella & Gulden, P.A. today to schedule your free consultation. Let our dedicated team of medical malpractice lawyers in Fort Myers, FL, fight for your rights and help you begin the path to recovery. You are not alone in this; we are here to help you every step of the way.
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.