If you’ve been harmed by medical negligence, finding the right legal representation is key to obtaining accountability and fair compensation.
Ultimately, successful representation comes from a mutual decision by client and attorney to go forward together. But initially, it’s up to the client to contact the right attorney to evaluate their matter. There are many, many lawyers who do “personal injury” –but a much smaller group that specializes in medical malpractice. We believe that a specialized malpractice firm such as ours provides the best opportunity for a successful outcome in this area. This guide is intended to explain why, and hopefully to provide you with guidance on the important step of contacting the right lawyer for your malpractice case.
Key Traits to Look for in a Medical Malpractice Lawyer
Choosing the best medical malpractice lawyer for your case requires careful consideration of several key attributes:
Deep Experience in Medical Malpractice Cases
Success in a malpractice case often depend on how well your lawyer understands medical concepts, how well they can pick up clues in the records, and how well they can collaborate with medical expert specialists. There is simply no substitute for a depth of experience to acquire this level of understanding and knowledge in the medical-technical field of malpractice law.
Transparency About Past Results
While no attorney can guarantee a specific outcome, a good lawyer should be able to demonstrate a history of obtaining fair compensation for their clients in similar cases. Search for reviews or testimonials or directly ask about the attorney’s experience during your initial consultation.
An Empathetic and Professional Approach
Medical malpractice cases often involve sensitive, personal issues. The right lawyer will balance professionalism with empathy –ensuring you feel supported throughout the process. They should listen to your concerns, understand the toll the incident has taken on your family, and treat you with respect.
Willing to Negotiate or Take the Case to Trial When Called For
Many malpractice cases are resolved through settlements. But an effective malpractice lawyer must be willing (and able) to take a case through a successful trial, if a fair settlement cannot be achieved. Ask your prospective lawyer if they are willing to try cases, and when. If they look like a “deer in the headlights” when you mention trial, or don’t seem to be able to talk about their specific trial experiences, you may be better off going elsewhere.
Communication Skills
Medical malpractice cases can take time, and throughout the process, clear communication is essential. Look for a medical malpractice lawyer who will keep you informed about your case’s progress, explain legal concepts in simple terms, and promptly address any questions or concerns.
Resources and Network of Experts
Successful malpractice lawyers need to work with the right medical experts. Ask your prospective lawyer if they have an extensive network of experts, and how they plan to go about locating the right experts to evaluate or litigate your claim.
How to Choose a Good Medical Malpractice Lawyer
Now that you know what to look for, here’s how to get started:
Step 1: Research Potential Lawyers With an Eye Toward Specialization and Experience
Look for lawyers who specialize in medical malpractice cases in your area. Read online reviews, search for testimonials, and check their websites to see if the firm seems truly focused on malpractice and whether they have a depth of experience in this area.
Step 2: Look for a Track Record of Successful Results
Successful attorneys should be able to list similar, successful results on their websites, or discuss them with you. Many attorneys also provide client success stories or testimonials, which can also be important evidence of a legitimate track record of success in this specialized area.
Step 3: Schedule a Consultation and Think About Whether You Feel Comfortable Working With This Person
If you’ve done your research, evaluating websites of malpractice attorneys looking for actual specialization in the field, depth of experience and successful results, you should be well on your way to finding the right attorney.
Most medical negligence lawyers offer free case evaluations. This is your opportunity to discuss the potential issues of your case. Bring any records you have to assist in the evaluation. But also (and as importantly) think about whether you feel comfortable working with this attorney. Bringing a case (successfully) is a collaborative effort between attorney and client. So its important for you to feel comfortable with the attorney and his or her staff on a personal level.
Questions to Ask During the Consultation
- How many medical malpractice cases have you handled?
- Do you have experience with cases similar to mine?
- What is your success rate in obtaining a successful result for your clients?
- How will we communicate throughout the case?
- Tell me about some of your favorite cases and clients, and why these stand out to you?
Step 4: Understand The Fee Structure
Most medical malpractice attorneys work on a contingency fee basis, meaning there are no upfront costs, and fees are only collected if compensation is obtained on your behalf. Make sure you confirm the fee structure and any additional costs, such as court fees or expert witness expenses.
If there are terms in a proposed “Retainer Agreement” you don’t understand, ask questions, and look for clear, no-nonsense answers.
Taking the Next Step
Deutsch Law Firm, is a team of dedicated medical malpractice professionals who specialize in and have a deep understanding of these complex cases. We have the track record of success that is respected by our litigation adversaries, which should also provide you with confidence in your choice of attorney.
You can contact us to schedule a no-cost consultation and discuss your legal options. Our team is dedicated to advocating for deserving individuals harmed by medical negligence to obtain the accountability and compensation they deserve.
FAQs on How to Choose a Good Medical Malpractice Lawyer
Why is it important to choose a medical malpractice attorney with experience?
Medical malpractice cases require more than just legal knowledge—they demand an understanding of complex medical procedures, terminology, and industry standards. An experienced attorney will know how to work with medical experts, analyze intricate medical records, and anticipate defense strategies. Additionally, they’ll be familiar with the specific laws and statute of limitations in your state, ensuring your case is handled correctly from the start. Without this specialized expertise, critical details may be overlooked, and opportunities missed to present your strongest evidence and your best case.
How can I research potential lawyers for my case?
You can start by searching online for lawyers who specialize in medical malpractice in your area. Look for focus on malpractice, not “all personal injuries” and a smattering of malpractice cases. Look for actual, human-being reviews and specific case results.
What should I look for during a consultation with a medical malpractice attorney?
Pay attention to their communication skills, experience with similar cases, and overall professionalism. Ask about their success rate and fee structure. Most importantly, make sure you feel comfortable communicating with this person and that you feel comfortable entrusting them with an important piece of your personal history and your potential financial future.
Are there any warning signs I should watch out for when choosing a medical malpractice lawyer?
We recommend individuals to be wary of attorneys who promise to be “all things to all people” –who think that because they can handle an automobile or motorcycle accident, that they can also step into the courtroom and try a malpractice case as well as someone who has done this as a specialty for decades. It is also unethical (and impossible) for an attorney to guarantee specific outcomes.
Also, at such an early stage of evaluation (initial consultation) it is impossible for an attorney to know all there is to know about a case, that will also affect case strength and ultimate value.
Of course, an attorney may have a general idea, or even a “range” of potential values early on. But its a real “red flag” both ethically, and in terms of an attorneys understanding of the field, if they claim to have “a number” for your case in your first meeting.
Things “just don’t feel right” is another red flag. Hopefully you’ve done your homework and have scheduled a consultation with an experienced practitioner in medical malpractice cases. But when you speak to the attorney, you should also feel that the individual you’re speaking to understands you, respects you, and is someone you can see yourself working with successfully.
We believe that a combination of doing your research, and also “trusting your gut” can place you in the best position to find the right lawyer for an important case.
