Florida medical malpractice lawyers are governed by certain laws that require them to establish with high credibility the fact that their client has a case to begin with. They must submit this in writing. If later findings reveal that there was no real and justifiable basis for a medical malpractice suit, the concerned lawyer becomes personally liable. Florida medical malpractice laws are very strict about possible defamation of the state’s medical practitioners.
Florida medical malpractice lawyers choose their clients with extreme care, since the burden of investigation as well as a considerable portion of the initial financial outlay for a case falls on them. In Florida, a full-fledged medical malpractice suit can stretch over periods of two to three years, and a lawyer stands to collect significantly only on successful completion. Deciding whether a medical malpractice case is feasible or not is one of the most vital functions of lawyers in Florida. They have to decide whether the investment of money, time and effort is balanced out by possible returns. This calls for a high degree of oversight and experience, as well as an instinctive feel of the state’s legal ‘weather’.
Another hurdle that Florida-based medical malpractice lawyers are often forced to overcome are 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 expect to be compensated for medical services that they have underwritten if these services have generated damages in a medical malpractice suit. If a client fails to do this, he may be slapped with a criminal case. A medical malpractice lawyer in Florida therefore walks a very thin line, and the legal fine-tuning itself can call upon unprecedented legal resources.
In an interestingly peculiar twist of law, a claimant who wins a medical malpractice case in Florida without the aid of a lawyer will still find the net value of settlement reduced by an amount comparable to a lawyer’s fees. In other words, the claimant saves nothing if he fails to engage a lawyer’s services.
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