A Lawyer Turned Down My Malpractice Case: Why, and What Now?
A rejection from one medical malpractice attorney does not mean malpractice did not happen, it often means the firm's cost-benefit math did not work out, the expert review was not completed, or the deadline created a risk the firm was not willing to carry. Florida law imposes pre-suit requirements that make these cases expensive to even investigate, so attorneys screen these cases carefully. If another firm reaches a different conclusion on any of those factors, your case can still go forward.
A rejection from one medical malpractice attorney does not mean malpractice did not happen. It often means the firm’s cost-benefit math did not work out, the required expert review was inconclusive, or the deadline created a risk the firm was not willing to carry. Florida’s strict pre-suit requirements lead attorneys to screen these cases carefully. If another firm reaches a different conclusion on any of those factors, your case can still go forward.
Why does Florida require a paid expert before a case can even start?
Under Florida Statute § 766.203, no medical malpractice lawsuit can begin without a written opinion from a qualified medical expert. That expert must confirm that the provider breached the standard of care and that this breach caused your injury. This is not optional. Before sending a Notice of Intent under § 766.106, which starts a mandatory 90-day investigation period, the attorney must already have this affidavit in hand. Failing to submit an adequate one can get your case dismissed and may expose you or your lawyer to paying the other side’s legal fees. One expert opinion may not cover every possible theory of negligence or every defendant involved. Expert-review fees alone can be significant, and this happens before any lawsuit is even filed.
What is every attorney actually checking when they screen my case?
Every attorney evaluates three things: breach of the standard of care, causation, and damages. The standard of care, defined in § 766.102(1), is what a reasonably prudent similar health care provider would do under similar circumstances. Even if a mistake occurred, the attorney must prove that error directly caused your harm and not your underlying condition. Then there are damages. If your injuries fully healed or your lost wages were modest, the case may be declined, not because malpractice is doubted, but because litigation costs can be high. Many firms will not take a case unless potential damages are well above what the case will cost to bring.
What kinds of cases get declined most often, and what do they have in common?
Many prospective malpractice cases are turned away at intake. Common reasons include resolved injuries with no lasting impairment, unclear causation due to pre-existing conditions, and inability to find a same-specialty expert willing to sign off. Cases may also be declined if the statute of limitations has expired or is too close to complete Florida’s pre-suit process. Claims against public hospitals are subject to special rules under § 768.28, including a written notice requirement, that can affect whether a case is viable. In malpractice death cases, whether adult children or parents of adult children can recover is an area where Florida law has been changing, so a lawyer must check current law. Birth injury claims may fall under NICA instead of traditional malpractice law. A letter citing “no supportive expert” means records were reviewed; one citing “statute of limitations” demands immediate action.
A ‘no’ from one firm is not a verdict, how do I get a real second opinion?
One firm’s “no” is not a final ruling on whether malpractice occurred. Different firms have different expert contacts, case minimums, and capacity. A second consultation is not just reasonable, it is wise. Bring everything: your medical records, any documents returned by the first firm, a written timeline, and the rejection letter itself. Ask directly: “Did your firm obtain a medical expert review before declining, and if so, what did the expert find?” At Wolfson & Leon, we offer a free consultation in Spanish or English. Our contingency fee arrangement is provided in writing before anything is signed, so you know exactly what to expect. You pay nothing upfront and nothing unless there is a recovery.
How much time do I actually have, and what does the pre-suit clock mean for me?
In Florida, you generally have two years from the date you discovered, or should have discovered, the injury to file a medical malpractice claim. There is also a four-year outer limit from the date of the negligent act, no matter when you found out. Because Florida requires a Notice of Intent and a 90-day pre-suit investigation under § 766.106, attorneys need time before the deadline to review records, consult experts, and serve notice. Waiting until the last few weeks may make it legally impossible to file on time. For a child, the four-year outer limit does not bar a claim brought on or before the child’s eighth birthday, but the two-year rule still generally applies. A narrow fraud exception may extend the deadline, but it is rarely available. Do not wait to sort this out, consult now.
Before you leave, ask the firm for your documents back
You own your medical records, billing statements, imaging, and any written timeline you provided. Request them back immediately after a decline. You will need them for your next consultation. Also ask for a written decline letter if you did not receive one, the specific language can help the next attorney understand what was reviewed and why the case was turned down. You may also file a complaint with the Florida Department of Health or the state medical board through fsmb.org. This creates an official record but does not stop the legal clock or replace a lawsuit.
Frequently asked questions
Does a lawyer turning down my case mean I don’t have a malpractice case?
No. Most declines are based on economics, timing, or inability to secure a supporting expert, not a finding that no malpractice occurred.
How long do I have to file a medical malpractice claim in Florida?
Generally two years from when you discovered, or should have discovered, the injury, with a four-year outer limit from the date of the negligent act in most cases. For a child, the four-year limit does not bar a claim brought on or before the child’s eighth birthday.
Why do malpractice lawyers only take cases with big damages?
Litigation costs can be substantial. Firms working on contingency often absorb those costs if the case is lost, so they must ensure potential recovery justifies the risk.
What is Florida’s pre-suit process and why does it matter to me right now?
You must serve a Notice of Intent and obtain an expert affidavit before filing suit. This takes time, so if your deadline is near, you may run out of time to complete these steps.
Can I consult Wolfson & Leon even if another firm already said no?
Yes. We offer a free consultation in Spanish or English and review all cases independently. Bring your records and the prior firm’s decline letter.
Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.
Key facts
- Before a Florida medical malpractice lawsuit can be filed, the claimant's attorney must obtain a written opinion from a qualified medical expert corroborating that the standard of care was breached and that the breach caused the injury. Source: Fla. Stat. § 766.203
- Florida law defines the standard of care as that level of care, skill, and treatment which a reasonably prudent similar health care provider would recognize as acceptable under similar conditions and circumstances. Source: Fla. Stat. § 766.102(1)
- Before filing suit, a claimant must serve a Notice of Intent to Initiate Litigation on each defendant, triggering a mandatory 90-day investigation period during which neither side may file in court. Source: Fla. Stat. § 766.106
- Florida medical malpractice claims generally must be filed within two years from when the incident was or should have been discovered, with a four-year outer limit in most cases and some exceptions. Source: Fla. Stat. § 95.11
- Serving a notice of intent to initiate litigation pauses the running of the statute of limitations during the 90-day presuit investigation period. Source: Fla. Stat. § 766.106
Frequently asked questions
Does a lawyer turning down my case mean I don't have a malpractice case?
No. A declination from one firm most often reflects that firm's cost-benefit calculation, their current expert availability, or their assessment of the damages relative to litigation costs, not a legal ruling that malpractice did not occur. Many malpractice cases are declined at intake, and the reasons vary by firm. A second consultation with a firm that has a different expert network or a different case threshold can produce a different result. The only way to know is to ask another qualified Florida medical malpractice attorney before your deadline expires.
How long do I have to file a medical malpractice claim in Florida?
Florida law generally gives you two years from the date you discovered, or reasonably should have discovered, the injury caused by the malpractice, with an absolute outer limit of four years from the date of the negligent act under Fla. Stat. § 95.11(4)(b), regardless of when discovery occurred. A narrow exception for fraud or concealment can extend that limit in limited circumstances. Before any lawsuit is filed, your attorney must complete Florida's mandatory pre-suit process under Fla. Stat. § 766.106, which includes serving a Notice of Intent and waiting through a 90-day investigation period, meaning you need to consult an attorney well before the deadline, not on the last day.
Why do malpractice lawyers only take cases with big damages?
Florida medical malpractice attorneys often work on contingency and advance litigation costs such as expert witnesses, depositions, medical record review, and trial preparation, which can be substantial before any recovery. If a case is lost, the firm often absorbs those costs, depending on the fee agreement. That financial structure means the expected value of the damages must substantially exceed what the case will cost to litigate; cases with smaller or fully resolved injuries often do not clear that bar regardless of how clear the negligence was. It is the economics of contingency litigation, not a judgment about whether you were harmed.
What is Florida's pre-suit process and why does it matter to me right now?
Under Fla. Stat. § 766.106, before any Florida medical malpractice lawsuit can be filed, your attorney must serve a Notice of Intent to Initiate Litigation on each defendant, triggering a mandatory 90-day window during which both sides investigate and neither can file in court. Under Fla. Stat. § 766.203, a written corroborating opinion from a qualified medical expert must support the claim before that notice goes out. If those steps are skipped or done incorrectly, the court must dismiss the case, and the person who filed the inadequate notice can be held personally liable for the other side's fees and costs. This process takes time and money before litigation even begins, which is why you need to move quickly.
Can I consult Wolfson & Leon even if another firm already said no?
Yes. Wolfson & Leon offers a free consultation in Spanish or English, and if the firm agrees to take your case, its contingency fee is explained in writing before anything is signed, so you will understand the arrangement fully before you commit. A prior declination does not disqualify you from a second review, and bringing the decline letter and your medical records to the consultation gives the attorneys useful context to evaluate your case independently.
This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. For advice about your situation, call Wolfson & Leon at 305-965-3766 for a free consultation.
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