Medical mistakes happen more often than most people think.
When accidents happen, they can have life-changing consequences. Lost wages, growing medical expenses, lifelong injuries – and sometimes, much worse. That’s where you want a competent malpractice attorney.
But here’s the problem:
Not all attorneys are suited for this type of case. Medical malpractice law is among the most complicated aspects of personal injury law. Securing medical malpractice attorneys with specific experience can be the difference between winning and losing your claim.
A Johns Hopkins study recently reported by CNBC reveals over 250,000 Americans die each year due to medical errors. Those mistakes make medical errors the third leading cause of death behind heart disease and cancer. That means 250,000 families every year that are affected by devastating consequences of medical mistakes made by doctors and hospitals. When looking for medical malpractice lawyers, you will want to make sure you select the right law firm. It may be the most important decision the victim will ever make.
This guide will show you exactly what to look for.
The Rundown:
- Why The Right Lawyer Matters
- Top Qualities Of A Good Malpractice Lawyer
- Red Flags To Watch Out For
- Questions To Ask Before Hiring
Why The Right Lawyer Matters
Medical malpractice cases aren’t like regular injury claims.
They require expert witnesses. They involve piles of medical records. They have complex laws that vary by state. Hospitals and insurance companies have massive legal departments that work full time fighting to make cases disappear at the lowest cost.
Here’s what that means for victims:
Facing them without an attorney who specializes is like bringing a spoon to a knife fight. Just too much to lose.
Johns Hopkins researchers looked at medical death rate data from an eight year period and determined that there are over 250,000 deaths per year in the US caused by medical error. However the vast majority of these cases never result in a payout – either the families don’t file, or they hire the wrong lawyer. A qualified malpractice attorney can:
- Prove negligence with solid evidence
- Bring in the right medical experts
- Handle all the paperwork and court filings
- Negotiate a fair settlement (or take it to trial)
Neglecting this step and choosing just any lawyer found on Google can sabotage your claim before you begin.
What To Look For In A Medical Malpractice Lawyer
Not all law firms handle these cases… And even fewer handle them well.
Top Things to Keep in Mind When Searching for Medical Malpractice Lawyers That Can Deliver
Specialisation In Medical Malpractice
The single most important factor? Experience with malpractice cases specifically.
Sure, your typical personal injury attorney can handle motor vehicle collisions, slips-and-falls, and dog bites without any problem. However, when it comes to malpractice cases, that’s another story. These require extensive knowledge of medical procedures, hospital policies, and state regulations.
Seek out a company that lists medical malpractice as one of their top practice areas. Past malpractice results should be displayed on their website, including case studies or testimonials from actual clients.
A Strong Track Record
Results speak louder than promises.
Successful malpractice attorneys have a track record of winning millions of dollars in lawsuits on behalf of their clients. Before you retain anyone, inquire…
- What’s the largest verdict they’ve won?
- How many cases have they settled?
- What percentage of their cases end in favour of the client?
Any reputable attorney will gladly provide this information. If they don’t answer your question, run.
Access To Medical Experts
Every medical malpractice case needs expert medical witnesses.
They’re Doctors and Specialists that can testify what happened wrong and show that your treatment breached the standard of care. Without expert witnesses, most cases never make it out of nowhere.
Top malpractice firms have:
- Long-standing relationships with medical experts
- Access to specialists across many different fields
- Experts who are used to testifying under pressure
A startup/general company cannot do this. You need years to establish those relationships.
Contingency Fee Structure
Money should never be the reason a victim can’t fight back.
Almost every good malpractice lawyer works on contingency. This means:
- No upfront costs
- No hourly fees
- Payment only if the case is won
If an attorney asks you for money before filing your malpractice case, steer clear.
Communication Skills
Malpractice cases can drag on for months, sometimes years.
During all of this time, victims should be receiving regular updates and communication. The right attorney will:
- Return calls and emails quickly
- Explain complex legal terms in plain language
- Keep clients informed at every single stage
Meet with them in person before agreeing to anything. Listen to how they communicate. If they patronize you or appear hurried, don’t place your life altering case in their hands.
Red Flags To Watch Out For
Some warning signs are impossible to ignore.
Steer clear of any lawyer who:
- Guarantees a specific outcome (no one can honestly do this)
- Pressures a client into signing quickly
- Won’t share their past results
- Has multiple bad online reviews
- Doesn’t specialise in malpractice
- Is hard to get on the phone
All those are red flags that this law office will NOT be able to handle your big case. It’s worth taking the extra time to find the right attorney, rather than spend decades complaining about your decision.
Questions To Ask During The Consultation
Most malpractice lawyers offer a free first consultation. Use it wisely.
Some good questions to ask are:
- How many malpractice cases do you handle in a year?
- Will you be personally working on my case or will you be giving it to a subordinate?
- What’s your typical case timeline?
- What’s the strategy for my specific situation?
- What are the possible outcomes?
You’ll learn a lot from their responses. Detailed, confident answers mean a well-managed company. Generic, vague answers foretell problems later.
Cool, right?
This is an easy test to see if the lawyer is knowledgeable or not. Ask every time.
Bringing It All Together
Selecting the best medical malpractice attorney is one of the most crucial decisions a victim will ever make.
The lawyer picked will influence:
- The strength of the case
- How much compensation is recovered
- How much stress the whole process brings
Investigate, ask questions, comparison shop. Seek specialization, a successful history, medical experts, good communication. Walk away from firms that raise red flags such as high pressure sales or empty promises.
The right attorney won’t just win the case. They’ll win the future the victim deserves.
