Medical Malpractice Attorney

Attorney Guide – A Synopsis

So, in review, the tips for finding the right medical malpractice attorney for you are to 1) determine if you have a case, 2) determine if your case is economically sound and worth pursuing, 3) obtain a second non-bias medical opinion and your medical records pertaining to the case.  After completing those preliminary steps, you should then 4) shop around for attorneys using referrals from your friends and family or trusted sources such as your local chamber of commerce.  Then, when you have developed a pool of attorneys, meet with them and see 5) if they maintain a professional demeanor, 6) if they specialize in medical malpractice cases, 7) if they work medical malpractice cases regularly and how many they have actually won, and if they charge a contingency or hourly wage.  After you have collected all of the information about the attorneys, 9) compile their qualities in an organized manor so that you can evaluate their different skills and quality sets.  Finally, 10) use the facts and your intuition to decide which attorney is right for you.

The act of enduring a medical malpractice suit is hard enough without adding other factors into the mix.  You should not have to also worry about whether or not your attorney is working the hardest s/he can for you and if s/he has your best interest at heart.  Hopefully these tips will help you to pick the best attorney for you, making for a smoother process.

Follow Your Intuition

After you have compiled all of the facts, you will hopefully have narrowed your list of possible attorneys and have weeded out the ones that do not fit your needs.  Once you have a core group of qualified candidates, you should consider what all they bring to the table as well as how well you feel that they will work with you.  You may have one attorney who has the most experience and a great track record, but that attorney may have a case overload.  This fact can cause you to question if this particular attorney will be able to provide your case as much care as you would like or if the attorney will be available to answer your questions, concerns, and inquiries, which you may desire.  On the other hand, you may have found another attorney with an impressive track record but not quite as much experience with medical malpractice cases as the first.  However, this attorney may have recently just settled a case quite similar to yours for a substantial amount of money.  Then still, your cousin may have introduced you to an attorney who represented them a few years ago and won your cousin’s case, but this attorney only accepts an hourly payment, while the other two work on contingency.  So which attorney do you choose?  It all depends on you and what particular characteristics you place the most value on.  It also depends on which one you feel you have the best connection with.  Thankfully, most attorneys will have a free consultation with you before taking your case, so it would be wise to use that time to learn about the attorney’s credentials, as well as to analyze what type of person they are and whether or not you can work with them, because you are basically trusting them with a substantially important part of your life.

Attorney with Best Quality Set

After weighing all of the above criteria, you should pick the attorney with the best set of skills and characteristics that fit you and your needs.  It would helpful to create a chart with the major characteristics that you are looking for in an attorney and go through your list of attorneys and rank them in how well they meet your criteria.  This will help you to see their strengths and weaknesses and to gauge which one will be best suited for you.  Remember, this case from start to finish has a major impact on your life.  For that reason, this is not a matter that you take lightly; you already have a major vested interest in it and will continue to.  You need to work with an attorney that wants to work for you, that has a true interest in your case, and that you can communicate with.  In the end, these will all be key components to a positive resolution to your case.

Type of Fee Basis

Many medical malpractice cases are done on what is known as a contingency bases.  A contingency is basically when a lawyer is paid only if and when you get paid from a settlement, and his/her payment is a percentage of your settlement.  This is the best case scenario because you have some assurance that the attorney has a vested interest in your case, and unless s/he is fresh out the box and desperate for exposure, your attorney probably has a strong belief that he/she will be able to win your case (because as previously discussed, the attorney will normally want to foresee a lucrative return on the initial investment that is attributed on your behalf).

The other common form of payment is hourly.  This type of agreement is obviously less favorable than the contingency payment, because the attorney will be paid regardless of whether or not s/he wins your case.  Therefore, there is a loss incentive to handle your case with care.  However, this is not always true; for example, if you see fit to hire a high powered attorney who works by an hourly rate, s/he still has an incentive to win your case in order to maintain her/his good name.

Though the contingency payment is seen as more favorable to the hourly payment, there is a certain advantage to you as the client.  You have room to bargain.  It would be much easier for you to go out and find another attorney than it would be for the attorney to find another client, especially in the current economic conditions.  Therefore, you have the ability to negotiate the limitations and precedents of your agreement.  If you get this chance, use it!

How Many Medical Malpractice Cases has your Attorney Handled and Won?

Even if an attorney specializes in medical malpractice cases, you want to connect with the best.  Though they may have the best intentions, a medical malpractice lawyer fresh out of law school does not possess the experience you would want someone to have when handle such precious matters.  Also, a successful, recognized medical malpractice lawyer probably already has an established relationship with the medical facilities in your area and therefore has near guaranteed access to the necessary materials that he/she will need to represent you in your case.

Along with knowing how many medical malpractice cases the attorney has handled, it would also be beneficial to inquire about how many of those cases s/he has actually won.  It would do you no good to have an attorney experienced in loosing many of the medical malpractice cases that s/he has pursued.  A percentage estimate should be efficient enough for you to gage the attorney’s ability, taking into account the number of cases the attorney has engaged in and the percentage of them of which the attorney has actually won.

Does your Attorney Specialize in your Type of Medical Malpractice Case?

It is key to recognize and take into account that different lawyers specialize in different areas.  Therefore, you will want to make sure that the attorney that you choose regularly handles medical malpractice cases.  Think about it: you would not take your family pet to your family practitioner, because a veterinarian would be far better suited and educated in matters related to your pet.  By the same precedence, you want your medical malpractice case to be in the most capable, experienced hands possible; therefore, you should insist that your attorney specializes in handling medical malpractice suits.

Look for Professional Treatment

As with any one else who is trying to sell you a product or service, some attorneys will initially try to put on a show to get your business.  Though it is always nice to be catered to, do not be fooled by the puffery.  You are imploring their services for a serious business transaction and that is all.  If the attorney is trying to blow too much smoke, be weary of what they are trying to mask.  A medical malpractice suit is quite a personal manor, so it would be necessary for the attorney to exhibit some amount of sympathy, but at the same time you will want the attorney to display a degree of professionalism before s/he is representing you in court.

Shop Around Using the Referral Process

It is important to shop around when planning to make a large investment of your time, effort, money, or anything else that you posses.  Just as when you are looking to purchase a new house or car, finding the right attorney for you requires some in depth research and an in depth weaning process.  It is not suggested that you use attorneys seen on television or who post ads in newspapers or yellow pages; though you might happen upon a decent lawyer one of these ways, chances are that you will be stuck with a money-driven attorney who is not particularly concerned with you or your case.  The best policy is using a referral process; inquire about excellent medical malpractice attorneys from your friends or family that have experienced the process first hand or know of someone who has.  If you do not come up with any good leads that way, try imploring at your local chamber of commerce.  According to the U. S. Chamber of Commerce website, they are the largest business federation, composed of all types of businesses, and are among the top listed companies trusted by the American people.

Get a Second Opinion and Your Medical Records

A second medical opinion and your medical records are key elements in a medical malpractice case.  As previously discussed, the job of your attorney will be to prove that your physician did not exercise the “due standard of care”, which can easily be defined as the amount of care or the actions that a rational physician in his/her position would use or take.  If a different physician could give his/her non-bias opinion stating that the physician being sued did not exercise the “due standard of care”, your case can be strengthened all the more.  Also, your attorney may be able to use your medical records to indicate that an error was made or that other possible, more productive solutions could have been found to your condition considering the information provided in your records.  Even further, you having this information prepared in advance could give the attorney interest in you and your case by showing your knowledge and your commitment to the case.  It can also help ward off those attorneys that would try to take advantage of your lack of legal knowledge.  All in all, securing a second medical opinion and your medical records are important first steps in your medical malpractice lawsuit.

After completing the first three steps, you will be ready to find your attorney.  The following tips will help guide you to finding the perfect attorney to represent you and your case.

Does your Case Make Money-Sense?

Several medical malpractice cases are not pursued for one main reason: the costs outweigh the benefits.  Considering all of the “ambulance chasers” in the law field, it will not be hard to find a lawyer who will take on your case; however, if your case is not viewed as winnable or lucrative, it will definitely be harder to find a quality attorney who will be interested in winning your case and not just taking your money.  As will be discussed in further detail later, many medical malpractice attorneys will charge a contingency fee, meaning they will not get paid unless you get paid.  This causes a positive incentive for them to work hard to when your case, but it can also have a negative effect.  Since the attorney will not get paid until after you get paid, then the attorney must fund your case up front; therefore, even if the attorney views your case as winnable, if the attorney does not foresee him/herself receiving a sizeable return on his/her investment, the attorney may not be willing to take your case.  This is something you should definitely consider before approaching an attorney.