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Practice areas related to Medical Malpractice
- Personal Injury
- Animal and Dog Bites
- Asbestos and Mesothelioma
- Birth Injury
- Brain Injury
- Car Accident
- Construction Accident
- Defective and Dangerous Products
- Libel and Slander
- Motorcycle Accident
- Nursing Home Abuse and Neglect
- Slip and Fall Accident
- Spinal Cord Injury
- Trucking Accident
- Wrongful Death
How to find and hire a great lawyer
Do I need a lawyer?
What to Consider When Hiring a Medical Malpractice Lawyer
If you have been a victim of medical malpractice through wrong or late diagnosis, a surgical error, a birth injury or any other medical negligence you should really consider seeking the services of a medical malpractice lawyer to assist in filing for compensation. These cases are of a higher difficulty level in comparison to other personal injury more often than not entailing unique procedural provisions as well as experts’ opinions. Nevertheless, since an overwhelming majority of medical malpractice lawsuits does not reach the court, proper representation can yield excellent results. Having an attorney may prompt health care providers and insurers to pay more attention to your complaint. Perhaps they will be more willing to negotiate a reasonable settlement to avoid trial and so on. You should consider getting a lawyer regardless of whether at initial stage you wanted to avoid having any legal representation if there is any opposition from the health care provider or the insurance provider.
It is not an easy decision to make when choosing the right lawyer for your case. A Google search is a simple way to perform a search but this certainly should not be done exclusively. Searching Google is likely to get you a number of unfiltered and paid results which do not give you the quality service from a lawyer or their ability to handle your case. In the same way, it may be helpful to ask friends or family members who have consulted a medical malpractice attorney, but what works best for them may not work best for you. Each case is unique. Below are certain tips to guide anyone interested in researching and or comparing attorneys in an informed manner.
Background and Experience
You should get a lawyer who has practice in dealing with the particular kind of case that you have. For instance, if you are pursuing an action against a doctor for medical negligence because the doctor did not diagnose you of breast cancer which you had, you need a lawyer that practices cancer misdiagnosis law. If your baby developed cerebral palsy as a result of medical negligence during childbirth, then you need to get a lawyer who has helped clients with a child with the same condition. They can hire experts which can fluently and convincingly explain the effects of cerebral palsy on your child. Some attorneys may have related certifications on their boards, or belong to professional associations. They might have been given accolades or any other recognition of their legal brilliance.
Professional Record
Generally, the best thing that you can do is to ensure that you do not have any attorney with any severe disciplinary records. A summary of an attorney’s professional experience can be obtained online by inputting the attorney’s name in the website of the state bar association. This means that you might need to read through the details concerning any discipline to get a glimpse of what transpired prior to the discipline. While some violations occur in the course of running the organization, others are more serious than others. You may not want to exclude an attorney based on a very minor violation if he/she is currently in compliant standing.
However, the current record of serious violations should be an invite to concern even if the attorney has posted decent good results. This is especially so since your financial freedom may lie in the said case and you do not need a lawyer to ruin it by making unadulterate mistakes.
Reviews and Testimonials
Testimonials shared by previous clients can help you understand how it feels like to have an attorney. It may provide you with rather useful information regarding changes in their personality, logistic professionalism, and communication. It can be beneficial even if the facts of your case are different from the case of another client. But one has to look at short reviews which are either highly negative or positive with little characteristics of the product. More to the point, the sources of these reviews may not be entirely reliable.
Another evaluation criterion could be the feedback on the ratings of other lawyers, which is likely to reflect the attorney’s prestige among his/her colleagues. This might result in better treatment by the judge and defense attorneys both of which will assist in getting the best and fastest outcome on your behalf.
Verdicts and Settlements
Sometimes, a medical malpractice lawyer will mention some of the biggest successes of their practice on their website or blog. No two cases are alike and because of this you cannot expect to have an estimate of the amount you will be paid depending on a previous judgment or any settlement. However, when an attorney has received consistently high awards on behalf of people in circumstances closely resembling yours, there is hope. You can also get to know when or under which circumstances an attorney is most effective in case many of the outstanding outcomes are the same.
It is therefore advisable to check how much of that result you especially like was actually delivered by that attorney in relation to key requirements of the case. At times, one, two or more medical malpractice attorneys or law firms are engaged in a case, and the extent of their involvement may differ.
Initial Consultation
Any medical malpractice lawyer that you visit for his services should be willing to give you a free consultation. The form is usually brief and you can then set up a consultation either by phone or online. It also serves to determine if the client or the attorney is suitable for representing the client. Despite seeing credentials and achievements of your attorney as quite impressive it is suggested to avoid getting an attorney for those reasons exclusively. Instead, you should ensure that you hire a lawyer with whom you can work with and he or she understands you. You should be able to have a sense that your lawyer has a lot at stake in the outcome of your case; nonetheless you should not be merely a case number to your lawyer. More than likely, you should consult with a few lawyers before determining who to hire.
One way of doing this is going to the consultation with a list of questions so that you can decide whether you need an attorney. For instance, you may wish to know their first impressions of the power and worth of your argument. You should not expect a clear ‘yes’ or ‘no’ but a general feeling should help to give you some expectation levels. An optimistic answer may be beneficial, but you need to be cautious if an attorney promises or is unduly positive compared to other attorneys. They may be overpromising. Secondly, you should mind how the attorney justifies his or her assessment. It should be easy to understand their argument especially when explaining a point or an issue to someone without any background in law.
Fees and Costs
Another area to be discussed at the consultation is fees. Medical malpractice lawyers typically bill their clients on the basis of the contingency fee. This implies that they but only require their fees from the client rather than demanding an upfront charge, their fee is pegged on the amount they recover or get for the client. Usually, the attorney takes around 30 to 40 percent of the award but it can still go up and down depending on the intervals the case got to and the amount of work done by the attorney. This means that any fee arrangement should also be provided for in the representation agreement so that this position is well understood by you.
In as much as legal expenses may include attorney fees, other expenses that may be incurred in medical malpractice case are costs of the court and other expenses of litigation. This may include service fees of witnesses, attorney fees of expert witnesses, cost of court reporters and fees for the copies made. Court costs and other legal expenses will be paid by the compensation award, however, such expense may be required to be set off from the compensation award before or after the contingency fee is taken. You may wish to know how such provisions will be meet before engaging in a representation agreement.
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The Lawyergist Lawyer Directory is intended to facilitate the selection, comparison, and communication with attorneys in your city, county, or state that will meet your needs. Begin browsing through our lists of medical malpractice attorneys in your area right now.