Medical Malpractice Lawyers in Port Orange, 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.
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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.
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Shannon McLin
Connie Ashley
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Medical Malpractice Lawyers in Port Orange, FL
If you or someone you love has suffered due to medical malpractice in Port Orange, FL, you might feel overwhelmed and confused. At Faiella & Gulden, P.A., we understand the emotional and financial strain that comes with such a serious situation. You may be worried about paying your bills and finding the right medical care while dealing with the aftermath of an injury caused by a healthcare professional’s mistake. Our team is here to support you every step of the way. We believe that everyone deserves justice, and we are committed to helping you achieve a successful outcome in your medical malpractice claim.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to deliver the standard of care that a patient deserves, resulting in injury or harm. This could involve errors in diagnosis, treatment, aftercare, or health management. In Florida, the law defines medical malpractice in various ways, such as a doctor not diagnosing a condition correctly or a surgical error. According to recent statistics, medical errors are a leading cause of death in the United States, with over 250,000 fatalities each year attributed to such incidents. This statistic highlights the importance of holding healthcare providers accountable when they do not meet the expected standard of care.
What to Do After Experiencing Medical Malpractice
If you believe you have experienced medical malpractice, it is essential to act promptly and carefully. The first step you should take is to seek medical attention for your injuries. Your health is the priority, and any delays in treatment can worsen your condition. Once you have received the necessary care, the next step is to document everything related to your case. This includes keeping copies of medical records, bills, and any correspondence with healthcare providers.
It is vital not to speak with the insurance company about your situation until you have hired a lawyer. Even if it is your insurance company, the conversation can affect your case. Insurance companies may try to minimize the payout or use your statements against you. Having an experienced medical malpractice attorney by your side will ensure that your rights are protected, and you do not inadvertently compromise your claim.
The Importance of Hiring a Lawyer
At Faiella & Gulden, P.A., we believe in fighting for the rights of our clients. We know that navigating a medical malpractice claim can be challenging and complex. That is why our firm offers free consultations to discuss your case. We want to understand your unique situation and help you determine the best course of action. Once you hire us, we will start working on your case immediately. Our dedicated team will gather the necessary evidence, consult with medical professionals, and build a strong case to help you receive the full and fair compensation you deserve.
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Understanding Medical Malpractice and Common Mistakes
If you or a loved one has suffered an injury due to medical malpractice in Port Orange, FL, it is essential to be aware of certain mistakes that can negatively impact your case. Medical malpractice occurs when a healthcare provider fails to deliver the proper standard of care, leading to harm. Many people unknowingly make mistakes that can affect their ability to seek justice and compensation for their injuries.
Choosing the Right Attorney
One of the most critical decisions you will make is hiring an attorney. It is important to choose a lawyer who is a trial attorney and understands the complexities of medical malpractice cases. Insurance companies are well aware of which lawyers regularly go to trial and which ones do not. If you hire a lawyer who is not a trial attorney, you may find that the insurance companies are less willing to negotiate fairly. At Faiella & Gulden, P.A., our team focuses on medical malpractice cases and has the experience necessary to take your case to court if needed.
Seeking Immediate Medical Treatment
Another mistake people often make is delaying medical treatment after an injury. If you suspect that you have been harmed due to medical negligence, getting immediate medical care is crucial. Prompt treatment not only addresses your health needs but also creates an official record of your injuries, which is essential for any potential claim. By waiting too long, you risk complications in your recovery and may weaken your case. Our legal team at Faiella & Gulden, P.A. can guide you through the process of obtaining necessary medical care and help ensure that your injuries are documented accurately.
Following Doctor’s Orders
After receiving medical treatment, it is essential to follow your doctor’s orders carefully. This includes attending all follow-up appointments and adhering to prescribed treatment plans. Skipping treatments or failing to follow medical advice can not only jeopardize your recovery but may also hurt your case. Insurance companies might argue that your injuries are not as severe as you claim if you do not follow through with your treatment. At Faiella & Gulden, P.A., we understand the importance of following through with medical care, and we will help you navigate any challenges that may arise.
Avoiding Communication with Insurance Companies
Finally, it is essential to avoid discussing your case with the insurance company without first consulting a lawyer. Insurance adjusters are trained to minimize payouts and may use your statements against you. They might ask you questions designed to elicit information that could weaken your claim. It is best to let an experienced attorney handle all communications with insurance companies to protect your rights. At Faiella & Gulden, P.A., we take pride in managing all aspects of your case, including negotiations with insurance companies, so you can focus on your recovery.
Frequently Asked Questions About Medical Malpractice in Port Orange, FL
Medical malpractice occurs when a healthcare provider deviates from the accepted standards of care, resulting in injury or harm to a patient. This can include errors in diagnosis, treatment, aftercare, or health management. In Port Orange, medical malpractice can involve a range of medical professionals, including doctors, nurses, and hospitals. To establish a case, it must be proven that the provider’s actions were negligent and directly caused the patient’s injury.
Determining the validity of a medical malpractice claim involves a thorough review of the circumstances surrounding your case. If you believe that a healthcare provider’s actions resulted in your injury, it is crucial to consult with medical malpractice lawyers in Port Orange, FL. They will evaluate your situation, including medical records, witness statements, and the specifics of your treatment, to assess whether you have grounds for a claim.
In a successful medical malpractice case, you may be entitled to various forms of compensation, commonly referred to as damages. These can include economic damages such as medical expenses, lost wages, and rehabilitation costs. Additionally, you may seek non-economic damages for pain and suffering, emotional distress, and loss of quality of life. The exact amount of compensation will depend on the specifics of your case and the extent of your injuries.
In Florida, the statute of limitations for filing a medical malpractice claim is generally two years from the date of the injury or from when the injury was discovered, as long as it was not discovered more than four years after the incident. It is essential to act promptly and consult with medical malpractice lawyers in Port Orange, FL, to ensure that your claim is filed within the applicable time frame, as failing to do so may result in losing your right to seek compensation.
Many medical malpractice cases are settled out of court through negotiations between the parties involved. However, if a fair settlement cannot be reached, your case may proceed to trial. The decision to settle or go to trial will depend on various factors, including the strength of your case, the willingness of the other party to negotiate, and your personal preferences. Having knowledgeable medical malpractice lawyers in Port Orange, FL, can significantly influence the outcome of your case and the strategy employed.
If you suspect you have been a victim of medical malpractice, the first step is to seek appropriate medical attention for your injuries. Once you are stable, it is advisable to document everything related to your case, including medical records, treatment notes, and any communications with healthcare providers. After gathering this information, reach out to medical malpractice lawyers in Port Orange, FL, who can help you navigate the complexities of your claim and ensure your rights are protected.
Most medical malpractice lawyers in Port Orange, FL, operate on a contingency fee basis. This means you will not have to pay any legal fees unless your case is successful, at which point a percentage of your awarded damages will be taken as payment. This arrangement allows you to pursue your claim without the burden of upfront costs, making legal representation more accessible for those who have been injured due to medical negligence.
Signing a consent form does not automatically absolve healthcare providers of liability for medical malpractice. Consent forms typically outline the risks associated with procedures or treatments but do not waive your right to seek compensation if the provider fails to meet the accepted standard of care. If you believe that your injuries were caused by negligence, it is important to consult with medical malpractice lawyers in Port Orange, FL, to discuss your options.
Medical Malpractice Lawyers in Port Orange, FL Client Story
This client story is for educational purposes only.
Jack had always been a healthy guy. He loved playing basketball with his friends and going for long bike rides along the beach in Port Orange, Florida. But everything changed one day when he started feeling unwell. He thought it was just a simple cold, so he went to the local hospital to get checked out. After seeing the doctor, he felt relieved when they told him it was nothing serious. They sent him home with some medicine, and Jack thought he would be back to normal in no time.
However, Jack’s health did not improve. He felt worse and worse each day. Finally, after a few weeks of suffering, Jack decided to seek a second opinion. He went to another doctor, who took a closer look at his symptoms. After several tests, the new doctor discovered that Jack had a serious condition that the first doctor had completely missed. It was a life-threatening mistake, and Jack was devastated. He felt betrayed by the healthcare system and worried about what would happen next.
Jack knew he had to take action, but he didn’t know where to start. That’s when he heard about Faiella & Gulden, P.A., a law firm known for helping people like him in Port Orange, Florida. Jack found himself sitting in Peter J. Gulden III’s office, feeling anxious and unsure. Peter greeted him with a warm smile and listened carefully as Jack shared his story. He could see the pain in Jack’s eyes and knew how much this meant to him.
Peter didn’t rush Jack. He took his time, making sure Jack felt heard and understood. He explained how medical malpractice cases work and how he could help Jack get the justice he deserved. Peter assured Jack that he would be with him every step of the way. Jack felt a glimmer of hope for the first time in weeks. He had a guide who believed in him and was ready to fight for him.
With Peter’s help, Jack gathered all the medical records and evidence needed for the case. Peter worked tirelessly, diving deep into the details to show that the first doctor’s mistake had caused Jack’s suffering. He prepared Jack for what to expect in court, helping him feel more confident about telling his story.
As the day of the trial approached, Jack felt nervous but also empowered. He knew he had Peter in his corner, fighting for him. When Jack took the stand, he spoke from his heart about how the medical mistake had changed his life. He shared his pain, struggles, and hopes for the future. Peter skillfully presented the evidence, showing the jury just how serious the situation was and how it had affected Jack’s life.
After days of testimony and deliberation, the jury returned with their verdict. Jack could hardly breathe as he awaited their decision. When they ruled in his favor, a wave of relief washed over him. He turned to Peter, tears of joy in his eyes. Peter smiled back, knowing they had achieved something significant together.
With the settlement, Jack could pay for his medical bills and start to rebuild his life. He was no longer just a victim; he was a survivor, and he had a bright future ahead of him. Peter had guided him through the darkest time in his life and had helped him find hope again.
Contact Faiella & Gulden, P.A. for Help
If you or a loved one has been seriously injured due to medical malpractice in Port Orange, FL, it is important to seek help from knowledgeable Medical Malpractice Lawyers in Port Orange, FL. At Faiella & Gulden, P.A., we understand that dealing with the aftermath of a medical mistake can be overwhelming. You may be facing medical bills, lost wages, and emotional distress. Our team is here to provide you with the support and guidance you need during this challenging time.
We offer free consultations to discuss your case. This means you can talk to us about your situation without worrying about costs. We want to hear your story and understand what happened. During this meeting, we will explain your options and how we can help you seek justice and compensation for your injuries.
At Faiella & Gulden, P.A., we work on a contingency fee basis. This means you will not owe us any money unless we win your case. Our goal is to help you recover what you deserve without adding to your financial stress. You can focus on healing and getting back on your feet while we handle the legal process.
If you are ready to take the first step toward seeking justice, please reach out to us today. Our dedicated team is here to listen to you and fight for your rights. You do not have to go through this alone. Contact Faiella & Gulden, P.A. now to schedule your free consultation. We are committed to helping you get the support you need after experiencing medical malpractice.
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.
