How To Choose a Medical Malpractice Attorney

If you or a loved one has suffered injuries or illness from misdiagnosis, medical errors, prescription mistakes, or other medical negligence, you may be wondering whether you have a legal claim for medical malpractice.

An experienced medical malpractice attorney can advise if you have a case and will give you a better chance of recovering compensation. They will handle the nuts and bolts of a lawsuit for you, including assembling the documents, medical records, and expert witnesses needed to prove your case and reach a judgment or settlement. As with many personal injury cases, medical malpractice attorneys typically work on a contingency fee, meaning that you’ll have no upfront costs for getting legal advice.

What Is Medical Malpractice?

Medical malpractice occurs when doctors and other medical providers injure patients through preventable medical negligence. Medical malpractice can occur in many ways and can cause any number of unfortunate outcomes. Some of the most common types of cases include misdiagnosis or failure to diagnose, surgical errors, medication errors, and birth injuries.

Sometimes, medical mistakes might cause you to lose income due to a prolonged absence from work. In extreme cases, they can result in serious injury, increased medical bills, and wrongful death.

How To Find an Experienced Medical Malpractice Attorney

Medical malpractice lawyers typically specialize in defending healthcare providers or advocating for injured patients. If you are a victim of medical malpractice seeking legal representation, you will need to find a plaintiff’s attorney.

1. Seek Referrals from Trusted Sources

A good way to start your search for an attorney is to ask your friends and family for referrals. If you happen to know anyone who has gone through a medical malpractice lawsuit, their experience and legal connections can be a great help. You should ask if they had a good experience with their lawyer and whether they would recommend them.

Even if you don’t know anyone who has filed a medical malpractice claim, you probably know people who have hired lawyers for other purposes. These lawyers may be able to refer you to respected medical malpractice lawyers in your community.

2. Search for Malpractice Attorneys on Reputable Services

The internet offers a wealth of resources for finding legal representation. For example, each state has a bar association that licenses attorneys. The bar association’s website usually provides a complete listing of local attorneys with information on whether they are licensed and in good standing. This can also be a handy tool if you are considering hiring someone you have heard about through attorney advertising.

Next, peruse a lawyer referral service, such as the Super Lawyers directory, which offers listings of top-rated attorneys based on practice area and your location. Once you have created a rundown of possibilities, you should arrange initial consultations.

Questions to Ask a Medical Malpractice Lawyer at the Initial Consultation

Before you meet with a lawyer, it’s helpful to prepare a few questions. Most attorneys offer a free consultation to help you decide whether you want them to represent you in your case. To make the most of this first meeting, you may want to ask some of the following questions:

How many medical malpractice cases has the attorney taken to court?

Because medical malpractice is such a specialized field, experience is of utmost importance.

How much will the attorney charge?

Ask whether they will represent you on a contingency fee basis. This means that they will not charge you upfront. Instead, they receive a percentage of any verdict or settlement you may receive.

What percentage of cases does your attorney settle rather than take to trial?

Insurance companies may feel more confident negotiating lower payouts with attorneys who have a track record for settling.

Does the attorney have connections to expert witnesses?

You will likely need to hire medical experts to testify about whether your treatment met the standard of care in your jursidiction. Confirm how testimony from medical professionals will be paid for, along wth other legal fees.

How long does a medical malpractice lawsuit take to resolve?

Before you commit to an attorney, it’s a good idea to ask if they can estimate how long your medical malpractice suit might take. Although they won’t be able to give you an exact timeline, an experienced attorney can probably provide a general estimate of the duration of your case. This estimate can help you decide whether to proceed.

Additional Considerations When Choosing a Medical Malpractice Attorney

Try to choose an attorney you trust and whose personality matches your own. You will be spending a lot of time working with this person, so it’s essential to establish a good working relationship. There may be logistical considerations to think of, too. You will need to choose an attorney whose office is conveniently located and who can meet with you during your available hours. Remember that experienced medical malpractice attorneys are often busy with a heavy caseload. So, you may need to be patient with arranging in-person meetings.

Find Experienced Legal Help

If you or a family member have been injured due to medical negligence, you should act promptly. It’s important to secure the right medical malpractice attorney for your case as soon as you can. Your state may place time limits on medical malpractice lawsuits through a statute of limitations.

Visit the Super Lawyers directory to begin your search for the best medical malpractice attorney for your case. To learn more about this area of law, see our overview on medical malpractice law.