are governed by certain laws that require them to establish with high credibility the fact that their client has a case. They have to submit it in writing. If the latter findings show that the medical malpractice lawsuit had no genuine and justifiable ground, the lawyer concerned becomes personally liable. Florida's medical malpractice laws are very strict regarding the potential defamation of state medical practitioners.
choose their clients with extreme care, as the burden of investigation, as well as a substantial portion of the initial financial outlay for a case, falls on them. In Florida, a full medical malpractice lawsuit can span a period of two to three years, and an attorney stands to collect significantly only upon successful completion. Deciding whether a medical malpractice case is feasible is one of the most important tasks for attorneys in Florida. They must decide whether the investment of money, time, and effort is balanced by the potential return. This demands a high level of monitoring and experience as well as a smooth experience of the state's legal 'weather'.
Another obstacle that Florida-based medical malpractice attorneys are often forced to overcome is the complex liens that govern damage settlements involving insurance-based medical care financiers such as Medicare and various health maintenance organizations, or HMOs. Such organizations are expected to receive compensation for the medical services they have underwritten if these services caused damages in a medical malpractice lawsuit. If a customer fails to do so, a criminal case can be filed against him. A , therefore, walks a very thin line, and legal reform itself can call for unprecedented legal resources.
In an interestingly peculiar twist of law, a claimant who wins a medical malpractice case in Florida without the aid of an attorney will still receive the net worth of the settlement reduced by an amount equal to an attorney's fees. In other words, the claimant does not defend anything if he fails to enlist the services of a lawyer.