At Taylor, Warren, Weidner, Hancock & Barnes, we believe patients deserve answers—and justice—when medical professionals fail to provide the standard of care they have sworn to uphold. A recent decision out of Florida's Fourth District Court of Appeals reminds us just how crucial it is to hold negligent doctors accountable.

What Happened in the Farese Case?

Thomas Farese underwent what should have been a routine cataract surgery. Instead, it turned into a life-altering experience. After the procedure, he suffered serious complications, including a ruptured lens capsule, which led to permanent injury in his left eye. When he filed a medical malpractice suit against his eye surgeon, Dr. Aker, and Aker's Eye Center, the trial court initially dismissed his case, granting summary judgment in favor of the doctor.

But the story didn't end there.

A Win for Patients on Appeal

The Fourth District Court of Appeal reversed that decision, stating there were genuine issues of material fact—meaning there was enough evidence to suggest that the doctor might have acted negligently. Specifically, an expert in ophthalmology testified that:

·       Dr. Aker didn't take a complete medical history;

·       He failed to perform a thorough pre-surgery eye exam; and

·       He didn't get a proper ophthalmology consult even though complications arose.

According to the expert, Dr. Aker reviewed critical patient records only after the surgery had already gone wrong.

In short, this wasn't just a bad outcome—it was allegedly the result of avoidable mistakes.

Read Farese v. Aker, 2025 Fla. App. LEXIS 4243 (Fla. 4th DCA, Jun. 4, 2025)

Why This Matters to You

If you've suffered an injury during or after a medical procedure, you may wonder: Was it just bad luck? Or was it preventable?

That's where we come in.

Medical malpractice cases aren't just about holding doctors accountable—they're about getting justice for real people whose lives have been turned upside down. Cases like Farese v. Aker show that courts are willing to hear patients out, especially when an expert can demonstrate that standard protocols were not followed.

At TWWHB, our experienced medical malpractice attorneys work with trusted medical professionals to dig into the facts. We don't stop at the surface. We investigate, question, and uncover whether something went wrong—and if it could have been prevented.

Don't Let the Medical System Silence You

Hospitals and insurance companies have powerful legal teams. The team representing the doctor in Farese went to great lengths to try to persuade the courts to throw this case out, but they did not prevail.  Insurance companies and medical corporations bank on you walking away or thinking you don't have a case. But as Farese v. Aker shows, even a denied case can be overturned when the right legal team steps in.

You don't have to face this alone.

If you or someone you love was injured due to medical negligence—whether during surgery, at a hospital, or in any clinical setting—reach out to us. We'll give you a straightforward assessment, connect with top-tier medical experts to investigate your case, and fight to make sure your voice is heard.

You Deserve Answers. You Deserve Justice.

Contact us today for a free consultation. Let us help you take the first step toward recovery.