Care providers are not infallible. Statistics show that avoidable errors occur in 3-15% of all medical interventions. Errors such as cancer misdiagnoses and prescription mistakes are the most common, leading to 251k deaths each year. If your loved one was one of the 9.5% of people who died last year because of medical malpractice, you need a medical malpractice attorney.
Choosing the right medical malpractice attorney to handle your case is extremely important. You need someone with the necessary experience, resources, and dedication to fight on your behalf and get you the compensation you deserve. Here are some key factors to consider when selecting a medical malpractice lawyer:
Case Results from Medical Malpractice Cases
Along with experience, examine the lawyer’s track record of results. Ask about their success rate and the types of settlements and verdicts they have obtained for past clients. Over 95% of all medical malpractice cases never reach court. High settlement amounts and favorable verdicts are a testament to their effective negotiation skills and ability to build strong cases.
Resources & Expert Witnesses
Building a winning medical malpractice case requires substantial resources and access to competent expert witnesses. Specialists are needed to assess medical standards and determine if they were breached. Ask what experts and resources the attorney uses when developing their cases. The top attorneys will partner with the best medical experts.
Experience Level with Medical Malpractice Cases
One of the most critical considerations is the attorney’s level of experience with medical malpractice cases. According to Gregg Hollander, an experienced West Palm Beach medical malpractice attorney, you need someone who focuses specifically on medical malpractice rather than other areas of personal injury law. Attorney Hollander recommends asking your lawyer how many years they have been handling these types of cases and how many they have taken to trial. An experienced lawyer will be familiar with the complicated laws and processes involved in medical malpractice litigation.
Attorney’s Reputation & Client Reviews
The lawyer’s overall reputation in the legal community is also telling. Check client testimonials and online reviews to gain insight into their skills, bedside manner, and case results. Fellow attorneys can also vouch for their level of respect and success in medical malpractice litigation.
Compatibility & Communication
You want an attorney who you can communicate with openly and who addresses all your questions and concerns. You are placing major trust in their hands, so personal rapport is vital, especially for stressful medical cases. Ensure you choose someone who is readily available, responsive and makes you feel comfortable and supported.
Attorney’s Fee Structure
The fee structure is another variable to consider seriously. Most medical malpractice attorneys work on a contingency basis, taking a percentage (25-40%) of the settlement or award if they win the case. Some may require you to cover certain case expenses if they do not obtain recovery for you. Understanding the complete fee agreement is essential before moving forward.
Medical Liability Insurance Expertise
If you are making a claim against a hospital or doctor, you want counsel who understands the intricacies of medical liability insurance. There are complex legal regulations surrounding medical liability insurance that determine compensation limits and protect healthcare providers. An experienced attorney will know how to navigate within these parameters to get you the maximum damages possible.
Making the right choice requires careful research and asking the attorney the tough questions upfront before formally retaining their services. But once you secure the best counsel, you can increase your odds of prevailing in your medical injury claim. With a reputable and dedicated medical malpractice attorney fighting for your rights, justice is within reach.
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