3 Questions to Ask When Choosing a Medical Malpractice Attorney

 If you believe you have suffered due to medical malpractice, you should file a claim against your medical practitioner. However, medical malpractice claims are inherently complex, and, as such, you need a suitably qualified attorney in order to stand a chance at receiving compensation. To help you choose the best medical malpractice lawyer for your case, consider asking potential candidates the following questions:

Where Does Your Experience Lie?

Many lawyers may have some experience in handling medical malpractice claims, but few will be experts in the field. Whilst many general attorneys will be able to turn their hand at various aspects of the law, it is important to find a fully qualified and experienced malpractice attorney for handling your medical negligence claim. Medical malpractice is a very intricate aspect of law, so it's important you hire an attorney with a proven track record in winning malpractice cases for their clients.

When looking for a medical malpractice attorney, ask potential candidates about their most recent trials. There is no guarantee that an attorney who recently took down a huge verdict will be able to get the same result in your case, but a recent history of big wins will definitely tilt the odds in your favour.

What Sort of Fees Will I Have to Pay?

Medical malpractice cases can quickly become expensive ventures if you don't establish a fixed fee arrangement in advance of your case. Typically, malpractice lawyers will be hired on a contingency or hourly rate. Which method is best for you will depend entirely on your situation, as both methods have their pros and cons. However, in the majority of malpractice cases, it is best to hire a lawyer on contingency. This is because

  • you only have to pay legal fees if your case is successful,

  • you don't have to pay any upfront fees, such as deposits or advances, and

  • your lawyer will have financial motivation to win your case, meaning the chances of you securing a settlement will be higher.

When interviewing potential attorneys, you should always ask them if they will take your case on a contingency basis. This is because experienced lawyers will only take a strong case on contingency; they will not invest their valuable time on a case with low potential. Therefore, if various attorneys refuse to take your case on a contingency basis and demand an hourly rate, you may have to reassess your case, as it likely does not have a strong chance of winning.

What Sort of Help Will You Use When Defending My Case?

Medical malpractice attorneys are experts in the legal aspects of the medical profession; however, they are not medical practitioners themselves and so will make use of external consultants to help handle your case. Typically, they will use a team of doctors and nurses to help them understand the technical details of your case, allowing them to build the best argument possible when presenting your claim.

As such, it's important to know exactly what sort of help your malpractice attorney will be using when handling your case. When you file a malpractice claim, you will likely be up against a large insurance company that has deep pockets and is able to spend a lot of money on their legal defense. Therefore, choosing an attorney that has access to suitably qualified and experienced personnel will allow you to tackle the insurance company head-on.

Winning a medical malpractice case can be difficult, as you are up against insurance companies who have a wealth of experience in handling these claims. However, by assessing potential attorneys based on the above criteria, you give yourself the best chance of winning when your malpractice case goes to the courtroom.  


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