Faiella & Gulden, P.A. » Orlando Failure to Diagnose Heart Attack/Myocardial Infarction Lawyers

Orlando Failure to Diagnose Heart Attack Lawyers

Orlando Failure to Diagnose Heart Attack/Myocardial Infarction Lawyers

Helping Clients Across Orange County And Southwest Florida

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    Orlando Failure to Diagnose Heart Attack Lawyers

    Orlando Failure to Diagnose Heart Attack/Myocardial Infarction Lawyers

    Helping Clients Across Orange County And Southwest Florida

    Do You Need Legal Help?

      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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      "One of the BEST law firms in the country. Elizabeth Faiella and her team are true professionals. I’ve had the opportunity to work with them and never hesitate to recommend them to anyone needing a personal injury or medical malpractice law firm."

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      I have observed and worked with Faiella & Gulden as a registered nurse for over 25 years. Their legal & medical knowledge is unprecedented. They're dedicated, compassionate and goes to any length to obtain justice for each client.

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      Orlando Failure to Diagnose Heart Attack/Myocardial Infarction Lawyers

      A heart attack is a medical emergency. When a doctor, emergency room physician, or other healthcare provider fails to recognize the signs of a myocardial infarction in time, the consequences can be devastating — permanent heart damage, cardiac arrest, or death. At Faiella & Gulden, P.A., we represent patients and families in Orlando, Florida who have been harmed because a medical professional failed to diagnose a heart attack promptly. If you or someone you love suffered serious harm because a heart attack was missed or delayed, you may have a medical malpractice claim. We offer free consultations, work on a contingency fee basis — meaning you pay nothing unless we recover compensation for you — and we begin working on your case the moment you hire us.

      What Is Failure to Diagnose a Heart Attack?

      A myocardial infarction, commonly called a heart attack, occurs when blood flow to a portion of the heart muscle is blocked, causing cells to die. Time is critical — the longer the blockage goes untreated, the more heart muscle is permanently damaged. The medical standard of care requires healthcare providers to promptly evaluate patients presenting with symptoms consistent with a heart attack, including chest pain or pressure, shortness of breath, pain radiating to the arm, jaw, or back, nausea, sweating, and lightheadedness.

      Failure to diagnose a heart attack can occur in many settings — the emergency room, a primary care office, an urgent care clinic, or even a hospital where a patient is already admitted. When a physician fails to order appropriate diagnostic tests, misreads test results, dismisses symptoms as something less serious such as acid reflux or a panic attack, or discharges a patient without adequate follow-up, they may have fallen below the accepted standard of care. In Orlando and throughout Florida, these failures result in serious and sometimes fatal injuries every year.

      Common Ways Doctors Miss a Heart Attack

      Misdiagnosis of myocardial infarction often follows recognizable patterns. Some of the most common failures include:

      – Failing to order an electrocardiogram (EKG/ECG) promptly when a patient presents with chest pain or related symptoms
      – Misinterpreting EKG findings, including failing to recognize ST-segment elevation (STEMI) or other indicators of infarction
      – Failing to order serial troponin tests to measure cardiac troponin levels — a key biomarker of heart muscle damage — over time
      – Attributing symptoms in women, younger patients, or diabetic patients to non-cardiac causes, as heart attack presentations in these groups can be atypical
      – Discharging a patient from the emergency room without ruling out acute coronary syndrome
      – Failing to recognize that a patient’s symptoms are worsening over time
      – Not consulting a cardiologist when the situation warrants it

      Florida Law: What the Statute Requires

      Medical malpractice claims in Florida are governed primarily by Chapter 766 of the Florida Statutes. To establish a claim, a patient must show that the healthcare provider deviated from the accepted standard of care — the level of care, skill, and treatment that a reasonably prudent healthcare provider would recognize as appropriate under the same or similar circumstances.

      Florida Statute §766.102 defines the standard of care and requires that a claimant present expert medical testimony confirming that the provider’s conduct fell below that standard and that the deviation caused the patient’s injuries. Before a lawsuit can be filed, Florida law requires a pre-suit investigation period under §766.106. The claimant must serve a notice of intent to initiate litigation on each defendant healthcare provider and allow a 90-day investigation period during which the provider’s insurer may investigate the claim, offer to settle, or reject the claim.

      The statute of limitations for medical malpractice in Florida is generally two years from the date the claimant discovered or should have discovered the injury, with an absolute outer limit — known as a statute of repose — of four years from the date of the alleged malpractice under §95.11(4)(b). In cases involving fraud, concealment, or intentional misrepresentation, the outer limit extends to seven years. These deadlines are strictly enforced, which is why it is critical to contact an Orlando failure to diagnose heart attack lawyer as soon as possible.

      Steps to Take After a Missed Heart Attack Diagnosis

      If you believe a heart attack was missed or diagnosed too late, there are important steps you should take to protect your rights and preserve your potential claim:

      – Seek immediate medical care from a cardiologist or another qualified physician to address your ongoing cardiac health and document the full extent of your injuries.
      – Obtain copies of all medical records, including emergency room records, EKG tracings, lab results, and discharge papers.
      – Write down everything you remember about your symptoms, what you told the healthcare providers, and what they told you.
      – Avoid giving recorded statements to insurance companies or signing any releases before speaking with an attorney.
      – Contact an experienced Orlando medical malpractice attorney promptly, as the pre-suit requirements under Florida law take time to complete.

      How Faiella & Gulden, P.A. Can Help

      At Faiella & Gulden, P.A., our Orlando failure to diagnose heart attack lawyers understand the medical and legal complexity of these cases. We work with qualified cardiovascular experts who can evaluate whether your healthcare provider met the standard of care in diagnosing and treating your heart attack. We handle all aspects of the pre-suit investigation required under Florida law, gather the necessary evidence, and build the strongest possible case on your behalf.

      Our attorneys have decades of combined experience representing victims of medical negligence throughout Central Florida. We are committed to holding healthcare providers accountable when their failure to act promptly causes permanent harm. We serve clients in Orange County, Kissimmee, Melbourne, Tampa, Sarasota, Fort Myers, Clearwater, Daytona Beach, and communities throughout Florida.

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      Avoiding Mistakes After a Missed Heart Attack Diagnosis

      If you or a loved one suffered harm because a heart attack was not diagnosed in time, the decisions you make in the days and weeks that follow can significantly affect the outcome of your case. At Faiella & Gulden, P.A., we have seen how common mistakes can weaken an otherwise strong claim.

      Waiting Too Long to Contact a Lawyer

      Florida’s medical malpractice statute requires a pre-suit investigation process that takes a minimum of 90 days before a lawsuit can be filed. That time must be built into your overall timeline before the two-year statute of limitations expires. Waiting too long can make it impossible to file a valid claim. Contact our firm as soon as you suspect a missed diagnosis caused your harm.

      Not Seeking a Second Medical Opinion

      After a missed or delayed heart attack diagnosis, seeing a cardiologist is essential — both for your health and for your legal claim. A specialist can document the full extent of your cardiac damage, establish what treatment you should have received, and provide the kind of medical opinion that supports your malpractice case.

      Speaking With the Original Doctor’s Insurance Company

      Insurance adjusters may contact you shortly after an incident. Do not give recorded statements or accept early settlement offers without first consulting an attorney. These offers are typically far less than what a properly evaluated case is worth.

      Not Preserving Your Medical Records

      Medical records — including EKG tracings, lab values, nursing notes, and discharge paperwork — are the foundation of a failure to diagnose case. Request complete copies of all records from every provider involved as soon as possible.

      Hiring a Lawyer Without Medical Malpractice Experience

      Heart attack misdiagnosis cases require deep knowledge of cardiovascular medicine, diagnostic protocols, and Florida’s pre-suit requirements. An attorney who does not regularly handle medical malpractice cases may not know how to navigate these complexities. At Faiella & Gulden, P.A., medical malpractice is the focus of our practice.

      Frequently Asked Questions — Orlando Failure to Diagnose Heart Attack Lawyers

      If you went to an emergency room or doctor’s office with chest pain, shortness of breath, or other cardiac symptoms and were sent home without a diagnosis — and later suffered a heart attack or were diagnosed with cardiac damage — there is a possibility your symptoms were missed or mishandled. Signs of a misdiagnosis include being told your symptoms were due to anxiety, indigestion, or muscle strain when they were actually cardiac in nature. An attorney working with a cardiovascular expert can review your records and determine whether the standard of care was met.

      The standard of care for evaluating possible cardiac events typically includes an electrocardiogram (EKG) performed within 10 minutes of arrival for chest pain patients, serial troponin blood tests drawn over several hours to detect elevated troponin levels — a key biomarker of heart muscle damage — a thorough patient history and physical examination, and in many cases, imaging studies or cardiology consultation. Failure to perform these steps when clinically indicated can constitute a deviation from the standard of care.

      Yes. Under Florida Statute §768.21, surviving family members may pursue a wrongful death claim when a loved one dies due to medical negligence. Recoverable damages include lost support and services, mental pain and suffering for surviving spouses and minor children, medical and funeral expenses, and lost earnings. Florida’s wrongful death statute has specific rules about who may recover and what damages are available, so it is important to consult with an attorney promptly.

      Florida’s medical malpractice statute of limitations is generally two years from the date you discovered or should have discovered the injury, with an absolute limit of four years from the date of the alleged malpractice under Florida Statute §95.11(4)(b). However, before a lawsuit can even be filed, Florida requires a pre-suit investigation period of at least 90 days. This means you should contact an attorney well before the two-year deadline to allow time to complete the required pre-suit process.

      In a successful medical malpractice case involving a missed heart attack diagnosis, recoverable damages may include past and future medical expenses related to your cardiac condition, lost wages and diminished earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and costs of future care or rehabilitation. In wrongful death cases, additional categories of damages are available to surviving family members. Florida no longer has a statutory cap on non-economic damages in medical malpractice cases following the Florida Supreme Court’s 2017 ruling in North Broward Hospital District v. Kalitan.

      No. The fact that a patient has pre-existing risk factors such as high blood pressure, diabetes, high cholesterol, or a family history of heart disease does not excuse a physician from properly evaluating cardiac symptoms. In fact, the presence of risk factors can make a provider’s failure to investigate symptoms even more difficult to justify. Pre-existing conditions may affect the calculation of damages in some cases, but they do not eliminate your right to bring a claim.

      Hospitals can be held liable for the negligence of employed physicians and staff under the doctrine of vicarious liability. Even if a physician is an independent contractor, a hospital may be liable under the theory of apparent agency if the patient reasonably believed the physician was a hospital employee. Hospitals can also be held directly liable for negligent credentialing, inadequate staffing, or failure to maintain proper protocols for evaluating chest pain patients. Our attorneys will identify all responsible parties.

      Nothing upfront. Faiella & Gulden, P.A. handles medical malpractice cases on a contingency fee basis — you pay no attorney fees unless we recover compensation for you. Your initial consultation is completely free. We invest our own time and resources in investigating and building your case because we are fully committed to obtaining the best possible result for you.

      Orlando Failure to Diagnose Heart Attack — Client Story

      This client story is for educational purposes only.

      Maria went to an Orlando emergency room on a weekday evening complaining of pressure in her chest, nausea, and pain shooting down her left arm. She was 58 years old, with a history of high blood pressure and high cholesterol. After a brief evaluation, she was told it was likely anxiety and given a prescription. She was discharged and sent home. Early the next morning, she collapsed. Her husband called 911, and paramedics rushed her back to the hospital, where doctors confirmed she had suffered a massive heart attack. She survived, but with permanent damage to her heart muscle that left her short of breath and unable to work.

      Maria’s daughter found Faiella & Gulden, P.A. and called for a free consultation. The attorneys at the firm listened carefully to Maria’s story and requested her complete medical records from both ER visits. They worked with a cardiologist who reviewed the initial EKG — which had been taken but not interpreted correctly — and confirmed that the signs of an impending heart attack were present and should have been recognized. The expert concluded that had the standard of care been followed, Maria’s heart attack could have been prevented or significantly limited.

      The firm filed the required pre-suit notice under Florida law and began negotiating on Maria’s behalf. With strong medical support and dedicated legal advocacy, Maria received a settlement that covered her ongoing medical care, lost income, and the pain and disruption to her life. She could not undo the damage to her heart, but she was able to move forward knowing that someone had fought for her.

      Contact Faiella & Gulden, P.A. — Orlando Failure to Diagnose Heart Attack Lawyers

      If you or a loved one suffered serious harm because a doctor failed to diagnose a heart attack in time, you have the right to hold that provider accountable. At Faiella & Gulden, P.A., our team is ready to help you understand your options and fight for the compensation you deserve. We know how life-altering a missed heart attack diagnosis can be, and we are committed to pursuing every avenue of recovery on your behalf.

      We offer free consultations with no obligation. We work on a contingency fee basis — you pay nothing unless we win. And we begin working on your case the moment you hire us. Do not wait. Florida’s deadlines for medical malpractice claims are strict, and the pre-suit process under Florida law takes time to complete. Call us today at (407) 470-1225 or fill out our online contact form to get started.

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      If you really need an excellent 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.

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