No. The Florida Bar prohibits any lawyer from guaranteeing results. The fact is, the unpredictability of our jury system means we could not guarantee results even if we were allowed to. In addition to juries’ unpredictability, medical malpractice cases are the second most difficult type of case to win. Studies show that only 20-38 percent of medical malpractice cases are won by the injured victim. Only products liability cases are more difficult to win. Add to that difficulty the high cost of litigating a medical injury case and the artificial limits on recovery that the Florida Legislature has imposed on medical malpractice victims and you will understand why the majority of medical injury cases are never accepted by an attorney. Zimmet & Zimmet accepts very few medical injury cases each year for that reason. Even in situation of clear liability, the high cost and risk of litigation deter us from taking almost all cases except for catastrophic injuries. So to answer your question, even if your child is one of the few that we agree to represent each year, we still cannot guarantee she will receive any money. Not only are medical malpractice cases some of the riskiest to litigate, but even if you win, we may still not be able to collect the money from the defendant. A four-year study of states including Florida found that more than half of all medical malpractice cases won by the injured victim conclude with no compensation to the claimant at all.
