How to Choose a Medical Malpractice Attorney

Assuming you have a serious or permanent injury that resulted from the misconduct of a medical professional, there are some basic guidelines to consider when choosing a medical malpractice attorney. Medical malpractice cases are very different from other kinds of personal injury cases such as car accidents. Special rules and laws apply, and special tactics and strategies are important.

Medical malpractice attorneys require extensive knowledge of medical terms, standards of care, and medical procedures. Malpractice attorneys also need access to appropriate medical expertise for case evaluations and expert trial witnesses. Medical malpractice is one of the most complex and costly areas of personal injury law, requiring years of practice and large financial resources to take on the vast resources and experienced defense attorneys of the health industry.

It is essential that you find legal representation once the decision has been made to pursue a medical malpractice case. If your case has any merit at all, an experienced attorney should be willing to sit down with you and explain all your options, without charge. Then you can make a full and informed decision about whether or not you want to go forward. Find an attorney who makes medical malpractice cases a significant part of his or her practice. Some states even have special certifications for attorneys who focus on medical malpractice law.

Your claim is too important to be conducted by someone who does not know medical malpractice matters inside and out. Select a medical malpractice attorney who has experience negotiating large settlements with medical providers' insurance companies. Negotiating requires industry-specific knowledge; attorneys who work in the medical malpractice field know what certain cases are worth and won't settle for inadequate compensation.

Choose a medical malpractice attorney with experience taking medical malpractice lawsuits to trial. Although some claims may be settled out of court, there is a distinct possibility that your case may go to trial. This is due to the heavy burden of proof on the medical malpractice plaintiff. An experienced trial attorney gives you the best chance to succeed. Pick a medical malpractice attorney with whom you are comfortable working. It is a good idea to ask for some references before finalizing your decision. Make sure the terms of your contract are explained to you before signing it.

The cost of litigating a medical malpractice case can be very high, so it is important that you understand the difference between a contingent fee taken from net recovery and one taken from the gross recovery. You want complete honesty from your attorney. You want a attorney who only works with the absolute truth and constantly searches for the truth - whether that truth is good or bad for your case.

Only by knowing the absolute truth can your attorney best serve you. You want your attorney to tell it like it is, rather than how you want it to be. Ask that you be "copied" on all the important papers. (This will help keep you informed as your case progresses.) Finally, remember that you are the customer, and if you are unhappy with the level of service provided by a medical malpractice attorney you have the right to new counsel.