September 30, 2023


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Key Questions to Ask When Hiring a Medical Malpractice Attorney

5 Questions to Ask Your Potential Medical Malpractice Lawyer

If you have suffered from a medical professional’s negligence, it may be time to hire a malpractice attorney. Before you set up an appointment, be prepared to ask some key questions.

Find out about the lawyer’s education, experience, and reputation. You should also check your state’s bar disciplinary board for complaints against the lawyer.

Do You Have Experience?

If you’ve suffered injuries from medical malpractice, the attorney you hire will be a critical factor in how successful your case is. That’s why asking about their experience handling these cases is essential, including how many they’ve taken to trial.

Also, find out if they have a network of medical experts to help strengthen your claim. This will make a big difference in the strength of your case.

How Much Experience Do You Have?

Medical malpractice lawsuits can be expensive. Expert witnesses, a quality legal team, and creating top-notch trial exhibits all cost money.

Look for an attorney willing to take your case through a trial. The best results in a malpractice lawsuit come from lawyers who are prepared to fight for you in court. Ask about the lawyer’s previous cases that went to trial.

Medical malpractice cases require significant up-front resources to investigate and bring to trial. It is essential that your attorney understands these costs and is ready to work with you to secure the financial support necessary to get justice.

What Are Your Fees?

medical malpractice attorney can help you negotiate a settlement or file a lawsuit. The lawyer may also need expert witnesses to prove the doctor committed malpractice.

Generally, most lawyers work on a contingency basis and only get paid when they receive a settlement or award for your case. Some may cover upfront costs for your claim and seek reimbursement out of any awards that you receive.

Taking a medical malpractice case to trial is expensive, and attorneys only get paid if they win or settle. Ask potential attorneys about their fees for an initial consultation so you can make a decision that’s right for your needs.

Malpractice cases can be filed against any healthcare professional who fails to uphold their duty of care and causes injury. This includes doctors, nurses, and even hospitals.

Do You Have a Track Record?

An excellent medical malpractice attorney will have a track record of successfully navigating clients’ cases. Ask your potential lawyer how many cases they have handled and whether their firm has won any verdicts.

Ask your potential attorney how they have handled past malpractice claims like yours. This will help you understand their process and what to expect. Additionally, learn more about their firm’s resources, such as medical investigators and support staff.

What Kind of Cases Do You Handle?

Medical malpractice cases involve proving that the doctor or hospital violated a standard of care in treating you. That standard of care refers to how a medical professional would treat a similarly injured patient in the same circumstances.

Medical malpractice attorneys are familiar with insurance companies tactics to deny victims compensation and are prepared to take a case through trial to win fair settlements.

How Will You Manage My Case?

Medical malpractice cases require a substantial amount of resources. Find out whether the law firm will assign a team of attorneys to handle your case and if they have the resources needed for a thorough investigation.

Ask the attorney if they see this case going to trial or expect it to settle out of court. An experienced lawyer will have experience litigating in a courtroom.

How Will You Represent Me?

Many states have public attorney disciplinary records, and victims can check these to determine if a potential medical malpractice lawyer has been sanctioned for misconduct in the past. Victims can also ask friends and family for recommendations.

An excellent medical malpractice lawyer will be upfront about whether they believe you have a case in your initial meeting. They will also be open to discussing settling versus trialing your case.