Choosing a Medical Malpractice Attorney: 5 Questions to Ask

If you are looking for a medical malpractice attorney, that means you have probably already had your trust betrayed by a professional—your doctor or other medical provider. The last thing you want is to misplace your confidence again, in an attorney who doesn’t do what they promise. Accordingly, you need to be careful when choosing a medical malpractice attorney.

Many law firms advertise that they take medical malpractice cases. But not all medical malpractice attorneys are created equal. How do you determine that an attorney is right for your case and your needs? Here are some questions we recommend you ask before committing to work with an attorney.

If I decide to work with you, who will be handling my case?

There are a couple of reasons to ask this question. Prospective clients are drawn to some firms because their advertisements feature seasoned attorneys with an impressive track record of big jury verdicts and settlements. However, after they sign on with the firm, the attorney who actually does the bulk of the work on their case may be much less experienced. If an experienced senior attorney is part of the draw for you, make sure that’s who you’ll be working with.

There are also personal injury firms that advertise as doing medical malpractice work, but actually handle very few cases. They may have a consultation with a prospective client and then refer them to a medical malpractice attorney in exchange for a referral fee. This isn’t unethical if done according to state bar rules, but it may waste some of your time.

How long have you been practicing medical malpractice law?

Medical malpractice law is a subset of personal injury law. Unlike some types of injury cases which are pretty cut-and-dried, medical malpractice often deals with challenging causation issues and complex damages. In short, you do not want to entrust your case to someone with little experience.

When you are asking about an attorney’s experience, it’s not enough to ask how long they have been practicing in a certain area. You also want to ask about how many cases they have handled. A good question to ask is what percentage of their practice is medical malpractice work. Obviously, an attorney who devotes most of their practice to representing plaintiffs in medical malpractice cases is going to be more skilled (and efficient) than someone who assists on these cases occasionally.

Based on your experience, how is my case likely to unfold?

Every case is different, and most attorneys don’t have a crystal ball. That said, listen for how your prospective attorney describes the timeline of a case. He or she should be able to explain the stages of a typical case in a way that makes sense to you. Because these cases are so complex, it’s important to work with an attorney who communicates well and explains things clearly.

The outcome of your case will have a major impact on your future. In order to be an informed participant in decision making, you want to make sure you have an attorney who talks to you—not over your head or down to you. You should also ask how the attorney will communicate with you and update you throughout your case.

What kinds of experts will be needed for my case, and how will you find them?

Expert witnesses are often the key to a medical malpractice case. Experts “connect the dots” for juries, helping them to understand not only the seriousness of an injury but how exactly the doctor’s negligence caused it. And medical experts are not the only type of expert witness that may be needed in a case. Often, a patient’s damages include things like loss of future income caused by the injury, so the testimony of an expert in their field may be needed.

A good expert lends credibility to a plaintiff’s case and empowers a jury to find in the plaintiff’s favor. Even if the case doesn’t go all the way to trial, the other side may be more willing to offer a favorable settlement to a plaintiff with strong expert witnesses on their team.

As with attorneys, not all expert witnesses are created equal. Some are “hired guns” who will say whatever is necessary to win a case. Others have significant expertise and unblemished reputations. A good medical malpractice attorney will have connections to strong, trusted experts.

How many cases like mine have you handled?

Medical malpractice law is, itself, a subspecialty, and some medical malpractice attorneys concentrate their practice further on a particular type of medical malpractice, like cauda equina syndrome cases, therapist abuse cases, or birth injuries. While you don’t necessarily need an attorney who accepts only or primarily cases like yours, it’s helpful if they have handled such cases in the past.

In addition to the questions above, you should ask any questions you need to in order to feel comfortable working with an attorney and confident that they have your best interests at heart. The best medical malpractice attorneys care about their clients as people—not just as case files.

If you think that you or a loved one may have been a victim of medical malpractice, you have only a limited amount of time in which to file a claim. Contact The Fraser Law Firm P.C. to schedule a consultation and learn if we are the right attorneys for you.