How To Find The Right Medical Malpractice Attorney

To find the "right" medical malpractice attorney, follow these 7 tips:

1. Talk with lawyers who handle medical malpractice cases. Don't just look at websites. Use a list and call several attorneys. Shop around. You may find that you are more comfortable with and have more trust in one lawyer than you do with other lawyers.

2. Each and every case must be treated as if it will go to trial. Therefore, with each medical malpractice lawyer that you talk to, find out if he/she will actually go to trial. Ask questions such as "how many cases has the lawyer tried in the last year" or "when was the last time the lawyer tried a case?"

It is better to have an attorney that goes to court and tries cases often, but the key is whether or not the attorney will go to trial. Lawyers who defend medical malpractice cases know whether a certain lawyer will or will not actually try a case. If a certain lawyer will not try a case, then the defense lawyer will offer a low dollar amount for settlement, or not make an offer at all, and simply wait. Eventually, a lawyer who doesn't try cases will settle for the low amount or dismiss the case. If an attorney will try cases, the defense lawyer has to offer a reasonable dollar settlement because, even if the attorney is not top notch, the attorney could "hit a home run" and then the defense lawyer's client may have to pay a big judgment.

3. When talking with a lawyer, find out whether or not the lawyer has handled other similar medical malpractice cases. Experience is often the best teacher.

4. Find out if the medical malpractice lawyer that you are talking to will associate another lawyer or will the lawyer handle the case himself. If the attorney will associate another lawyer, ask the attorney why? Often there is a valid reason to associate another lawyer such as adding additional experience on your side. However, sometimes, attorneys simply want to sign up someone with a good case and then turn the case over to another lawyer. The lawyer who signed you up as a client simply wants a part of the attorney fees without doing very much work.

5. When talking with a medical malpractice attorney, be sure to find out how the attorney will be paid. Most medical malpractice lawyers work on a contingency fee basis. This means that the lawyer is paid out of the money damages that the lawyer recovers for you. If the lawyer does not recover any money, the lawyer doesn't get paid.

6. Along with attorney fees, find out who pays the costs of pursuing your medical malpractice case. Often, medical malpractice lawyers will advance the cost (expenses for medical records, investigation, depositions, etc.) and then recover the costs when the case is resolved. Generally, if the case is lost, then the lawyer does not recover the money advanced for costs.

7. Always remember, if one medical malpractice lawyer turns you down or says that you do not have a case, check with another lawyer. Attorneys are people and, just like normal people, they see things differently. One medical malpractice lawyer may think that you do not have a case while another lawyer may think that you do have a case.

The above is general information only and may or may not be applicable to your situation. If you have any questions whatsoever, talk with a lawyer licensed in your state.

To learn more medical malpractice information, see Medical Malpractice Information Homepage.

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