10 Must-Ask Questions for Hiring the Best Medical Malpractice Attorney
Choosing the right lawyer for your medical malpractice case is crucial. These cases are specialized and complex, and require an attorney with experience in the specific area of law covered by your case. When you’re deciding on a lawyer to handle your case, it is important that you ask the right questions. Here are 10 must-ask questions when hiring a medical malpractice lawyer, so you know you’re choosing the best legal advocate for your needs.
1. How much experience do you have with medical malpractice cases?
Why It’s Important: Medical malpractice law is highly specialized so you want to choose an attorney with the right expertise for your case. Attorneys with extensive experience in the area of law specific to your case, and a track record of success, are better equipped to handle the complexities of these cases. You will want to look for specific numbers—how many years the lawyer’s been practicing, the number of cases handled, and their track record of success. An attorney who hesitates to provide specifics may lack the necessary experience.
2. Have you dealt with cases similar to mine before?
Why It’s Important: Cases like surgical errors, birth injuries, or misdiagnoses each require unique expertise. Ask for examples of similar cases the lawyer has handled and their outcomes. Pay attention to whether they explain these cases clearly and how the cases relate to yours. An attorney with relevant experience will instill confidence.
3. What is your approach to medical malpractice cases?
Why It’s Important: Different attorneys may focus on settlement negotiations or trial advocacy. Understanding the lawyer’s strategy and approach can help you decide if it aligns with your goals. Make sure the attorney explains their approach in detail. If they seem unwilling to go to trial or overly focused on settling quickly, it may indicate a lack of confidence in their litigation skills.
4. How will you build my case and gather evidence?
Why It’s Important: A successful case requires thorough preparation, including obtaining medical records, consulting experts, and interviewing witnesses. Ask for specifics about how they plan to gather evidence. Attorneys with established processes for collecting evidence and access to resources, like medical experts, are more likely to build a strong case.
5. Who will handle my case directly?
Why It’s Important: You need to know whether the attorney you meet will handle your case or if it will be delegated to junior staff. Clarify the attorney’s level of involvement and how often you can expect updates. If the lawyer won’t be your primary contact, ensure you’re comfortable with the qualifications of the team managing your case.
6. What are your fees, and do you work on a contingency basis?
Why It’s Important: Most medical malpractice attorneys work on a contingency basis, but it’s crucial to understand their fee structure and any potential upfront costs. Confirm the percentage they charge and ask for a written agreement. Beware of attorneys who charge high upfront fees or are vague or seem evasive about costs. They may not have your best interests in mind.
7. What challenges or obstacles do you foresee in my case?
Why It’s Important: Experienced attorneys can anticipate challenges, like proving negligence or dealing with insurance companies, and prepare accordingly. Look for honesty and transparency. An attorney who downplays potential obstacles may be unrealistic or may be downplaying potential challenges so that you choose them to take on your case. Look for an attorney who understands the challenges ahead but addresses them with confidence that they’re prepared to handle potential difficulties. These must-ask medical malpractice lawyer questions will help you make the right decision.
8. How long do you think my case will take?
Why It’s Important: Medical malpractice cases can take months or even years. Knowing the timeline helps you set expectations during an emotionally challenging time. Be wary of attorneys who promise a quick resolution without providing an explanation. An experienced attorney will provide a realistic estimate based on the complexities of your case.
9. Do you have access to medical experts to strengthen my case?
Why It’s Important: Expert testimony is often critical in proving negligence and demonstrating the standard of care that was violated. Ask about the lawyer’s network of medical professionals. Attorneys with established relationships with credible experts can provide a significant advantage for your case.
10. What outcomes can I reasonably expect from my case?
Why It’s Important: While no attorney can guarantee results, they should provide a realistic assessment based on their experience. Look for an attorney who offers a balanced view of the possible outcomes, including best and worst case scenarios. Avoid those who make unrealistic promises or guarantees.
Making the Right Choice
Hiring the right attorney is essential to achieving a positive outcome in your medical malpractice case. At MalpracticeLawyers.org, we recommend starting with these must-ask medical malpractice lawyer questions to help ensure you choose an attorney who will fight for your rights, help you achieve justice, and win the compensation you deserve. The American Bar Association has some additional questions you can ask when deciding on the best malpractice attorney to handle your case.
