Have you been hurt by a doctor’s mistake and don’t know where to turn?
Medical malpractice lawsuits are among the most difficult personal injury claims to succeed on. The hospitals have extensive legal resources, the insurance companies aggressively defend, and the law is complex. For this reason, the decision to hire a medical malpractice attorney is the most important decision you will make regarding your case.
Here’s the good news:
If you know how, you can choose an attorney that will fight for you and get you what you deserve.
Here’s what’s inside:
- Why The Right Attorney Matters
- What To Look For In A Lawyer
- Red Flags To Watch Out For
- Questions To Ask Before Hiring
Why The Right Attorney Matters So Much
Medical malpractice is a much bigger problem than most people think.
A Johns Hopkins study revealed that over 250,000 Americans die annually as a result of medical mistakes. Medical errors are the third leading cause of death in America. Yikes! Countless others are injured permanently, yet still survive.
If you or a loved one are faced with a situation like this, you want a heavyweight legal team on your side. Selecting a medical malpractice attorney is different than hiring a car accident or slip and fall lawyer. These cases require unique skillsets and a profound understanding of medicine.
That’s precisely why you need to consider this medical malpractice attorney firm. Partnering with an attorney that specializes in medical malpractice claims allows your case the opportunity to have the greatest chance of success. They understand how insurance companies operate, they have relationships with medical experts, and they know how to construct a winning case.
Disclaimer: Medical malpractice lawsuits often take years to resolve. You want a lawyer who will stay with you every step of the way.
What To Look For In A Medical Malpractice Lawyer
Not all personal injury lawyers are a good fit for your malpractice case. You need a specialist with the right experience and skill set. Learn what matters most when selecting a medical malpractice lawyer…
Focused Experience In Malpractice Law
This is huge.
Medical malpractice law is a world unto itself. The attorney you retain should specialize in this field – it should not be something they just dabble in as part of a larger practice. Ask them:
- How many malpractice cases have they handled?
- What is their success rate?
- Have they gone to trial (not just settled)?
- Do they know your specific type of injury?
Attorneys who specialize in malpractice full-time will have systems set up to deal with these hard cases. This frees up time, money, and aggravation for you.
A Strong Track Record
Past results matter. A lot.
Review settlements and verdicts. They’ve won for past clients. The National Practitioner Data Bank shows paid claims totaled $5.02 billion in 2024. But keep in mind payouts range significantly from case to case. A skilled attorney should have won sizable settlements or verdicts for similar cases.
Ask about:
- Recent case results
- Client testimonials
- Awards and recognition
- Media coverage of big cases
Background: You can’t expect an attorney to guarantee you a certain outcome. However, you can expect an attorney with a proven track record to know how to win cases.
Access To Medical Experts
Medical malpractice cases live and die on expert testimony.
You will never win a malpractice suit without a medical expert stating that the doctor did not meet the appropriate standard of care. That means your lawyer must have trustworthy doctors and specialists on call.
Ask your potential attorney:
- What experts do they use?
- How do they fund expert costs upfront?
- Have their experts testified successfully before?
If they hesitate to answer, that’s a red flag.
Red Flags You Should Never Ignore
Now to the warning signs…
Not all lawyers are a good match for your malpractice claim. Keep an eye out for these warning signs before you hire.
They Don’t Handle Malpractice Regularly
Some general practice lawyers will accept a malpractice case just because it sounds lucrative. Beware. If they only take on one or two malpractice cases a year, they don’t have the specialized experience you deserve.
They Promise Big Payouts Fast
Any attorney who promises you a certain settlement amount is being dishonest. Malpractice cases are unpredictable. A good attorney will provide you with expectations — not guarantees.
They Pressure You To Sign Fast
You should never feel pressured. Good lawyers allow you time to think, ask questions and compare. If someone pressures you, walk away.
Poor Communication
Give them a test run before you retain them. Email them or leave them a voicemail. If it takes days for them to get back to you during the initial discussions, how long will it take during your real case?
Questions To Ask Before Hiring Your Attorney
You now know what to look for and what to avoid. It’s time to interview potential lawyers. The vast majority of malpractice attorneys will provide free consultations.
Here are the top questions to ask:
- How many medical malpractice cases have you tried?
- What percentage of your practice is malpractice?
- Will you personally handle the case, or will it be passed on?
- How do you get paid? (Most lawyers work on contingency — they don’t charge any fees unless you win.)
- What are the estimated costs beyond legal fees?
- How long do you think the case will take?
- What is your honest assessment of the case?
Write down notes during your consultations. After meeting with several lawyers, compare answers. You will often find that one will clearly stand out from the rest.
Understanding The Cost Of Hiring An Attorney
One of the biggest worries when choosing a medical malpractice attorney is money.
Here’s the good news: Most malpractice lawyers will work on a contingency basis. Basically this means you don’t pay anything unless you win the case. Most charge around 30-40% of the final settlement amount depending on the firm.
You should also ask about:
- Case expenses (expert witnesses, filing fees, etc.)
- Who pays if the case is lost
- How costs are deducted from the settlement
Get everything in writing before signing anything.
Bringing It All Together
Searching for the right lawyer will take time. But it’s time well spent. Medical malpractice cases are complicated. They are emotional. They are also expensive to pursue. Your attorney will make or break your case.
To quickly recap, when choosing a medical malpractice attorney you should:
- Look for focused malpractice experience
- Check their track record of settlements and verdicts
- Make sure they have access to medical experts
- Watch out for red flags like pressure or big promises
- Ask lots of questions during your free consultation
Keep in mind that most malpractice attorneys will offer you a free consultation. Meet with several. Compare them. Choose the one you like. It’s worth the extra time to find someone that fits your needs. Your health, your family and your future are at stake.
