What Are the Odds of Winning a Medical Malpractice Suit in Florida?
There is no simple answer to this question. Every case depends on unique facts and circumstances. In addition, having competent counsel is going to increase your odds dramatically. At Freedland Harwin Valori Gander, once we file a medical malpractice lawsuit the odds of us securing a settlement or verdict are well over 95%. That certainly does not guarantee a positive outcome in any individual case.
Data from all law firms shows that approximately 47% of medical malpractice cases in Florida between 2018 and 2023 resulted in a payout to the victim. This means the current odds, on average, of winning a malpractice suit in Florida are close to 50%.
Methodology for Calculating Averages
FHVG data was taken from internal records. For data relating to all law firms in Florida, we used the National Practitioner Data Bank’s Data Analysis Tool to calculate these winning odds. We adjusted the filters to show data in Florida only for all types of healthcare practitioners. Next, we used the start-year and end-year filters to show data for the past five years (2018-2023) and the past ten years (2013-2023).
These parameters revealed the number of adverse action and medical malpractice payment reports for both year ranges. Adverse action reports refer to formal legal actions malpractice victims have taken against healthcare providers. On the other hand, malpractice payment reports detail cases closed with payouts to victims.
The ten-year range showed 28,598 adverse actions and 12,358 malpractice payouts. The five-year range showed 14,804 adverse actions and 7,000 malpractice payouts. We divided the number of payouts by the number of adverse actions to determine the winning odds for each time period.
What Factors Impact the Odds of Winning a Medical Malpractice Lawsuit in Florida?
Malpractice case results are not based on sheer luck. Ultimately, the likelihood of winning your Florida medical malpractice case will depend on factors specific to your situation, such as:
- The strength of evidence available to demonstrate the healthcare provider’s negligence
- Retaining top-notch expert witnesses with the credentials and ability to show how the provider’s negligence caused your injuries
- Retaining legal counsel who understands complex medical concepts
- Your own background, such as whether you have preexisting conditions that may have contributed to your injuries
- Your medical malpractice attorney’s experience and resources
- The court’s interpretation of Florida’s malpractice laws
Are Medical Malpractice Suits Hard to Win?
Winning a medical malpractice lawsuit is difficult without quality legal representation. However, if you have a compelling case and an experienced attorney on your side, you have a strong chance of winning compensation for your damages.
That’s where we come in. At Freedland Harwin Valori Gander, we have a 20-year track record of successfully protecting Florida medical malpractice victims’ rights. In that time, our law firm in Fort Lauderdale has recovered over $2.6 billion for our clients.
Allow us to put this experience to work for you. There’s no risk in contacting us about your winning odds. We offer free initial consultations and work on a contingency basis, meaning you pay nothing unless we win, and we charge zero out-of-pocket fees. Contact us online or give us a call at (954) 467-6400 to get your free consultation today.
