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In Florida, lawyers are required to certify in writing at the time they file a malpractice lawsuit in court that they have made a reasonable investigation of the case and have come to a good faith belief that there is a reasonable basis to file the claim. If the judge later determines that the lawyer did not have a reasonable basis to believe the case was meritorious, the judge may enter sanctions against the lawyer, including requiring him to personally pay the attorneys' fees of the other side.

In Florida the statute of limitations for medical malpractice is two years from when the patient (or sometimes a particular family member or guardian) either knew, or should have known with the exercise of reasonable diligence, that the injury has occurred and there is a reasonable possibility that the injury was caused by medical malpractice. Florida also has a very stern rule that goes along with it called the statute of repose. This rule says that unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than four years after the actual incident of malpractice.

Florida medical malpractice cases are very complicated and each one is unique. For these reasons, among many others, you should obtain the guidance of a Florida medical malpractice attorney. Hospitals and its representatives are experienced in handling these cases and may try to get you to settle without the help of a lawyer. This is not a good idea. You need someone with expertise to fight for your rights. In Florida, there are complicated liens against your settlement proceeds by entities like Medicare, Medicaid, HMO's, or any other private group health insurance companies that have paid for your medical care. The rule is that if they paid for your medical treatment that was caused by a negligent healthcare provider, and you collect money because of it, you have to pay back all or part of the money that they paid out for your treatment. Failure to pay back some of these liens can actually be a crime. A lawyer can help you figure out before you settle if you have any liens in which you have to pay. If so, they can help you get a higher settlement to help you pay back the liens.

Most Florida medical malpractice cases are handled on a contingency fee basis. This means that your attorney only gets paid if you win. The Florida Supreme Court and the Florida Bar have adopted a maximum fee schedule that attorneys are permitted to charge in contingency fee cases. Generally speaking, contingency fees may not exceed 40% of the first $1 million, 30% of the amounts recovered between $1 million and $2 million, and 20% of all amounts over $2 million. If an appeal is filed the fee may rise 5% more. There are other limitations, exceptions, and special circumstances where this may vary.