how finding a lawyer works for medical malpractice

by Edythe Auer 7 min read

Where to find good, experienced medical malpractice attorneys
  • Call a bar association in your city, state or county. ...
  • Talk to your insurance company. ...
  • Talk to another doctor. ...
  • Ask your family and friends. ...
  • Ask attorneys in other specialties. ...
  • The Enjuris personal injury lawyer directory.

What to look for when hiring a medical malpractice lawyer?

Check to see if the lawyer belongs to The American Association of Trial Lawyers or if he or she belongs to any professional associations based on medical malpractice law. When the search has been narrowed, schedule an appointment with the remaining lawyers on the list. During your appointment, ask the lawyer for a list of references to contact.

How do I choose the best medical malpractice lawyer?

Feb 24, 2022 · 6 Steps To Hire A Medical Malpractice Attorney Check the statute of limitations.. The statute of limitations determines how long you have to file a lawsuit. Deadlines... Initiate your medical malpractice claim.. If you received substandard medical care, you may be able to reach a solution... Find a ...

Who is the best medical malpractice attorney?

Apr 29, 2022 · A good way to start your search for an attorney is to ask your friends and family for referrals. If you happen to know anyone who has gone through a medical malpractice lawsuit, their experience and legal connections can be a great help. You should ask if they had a good experience with their lawyer and whether they would recommend them to you.

How should I select a medical malpractice attorney?

Oct 12, 2021 · Here are some alternative methods for finding a medical malpractice attorney: Talk to your insurance company, as they might be able to offer advice on good malpractice lawyers in your area. Call a local bar association, which might have several search tools and lawyer referral services available to you. Your local bar association can offer you a list of …

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What can a medical malpractice attorney do?

If you were injured during or as a result of a medical treatment and believe that you have a claim, a medical malpractice attorney can help you seek compensation. Here’s what you need to do:

What to do if you are injured in medical malpractice?

If you were injured during or as a result of a medical treatment and believe that you have a claim, a medical malpractice attorney can help you seek compensation. Here’s what you need to do: Check the statute of limitations. Initiate your medical malpractice claim. Find a qualified medical malpractice attorney.

What is the statute of limitations for medical malpractice?

The statute of limitations determines how long you have to file a lawsuit. Deadlines for medical malpractice lawsuits differ in each state and can be dependent either on when the injury occurred or was first discovered. The statutes of limitations in three of the nation’s most populous states show how these laws vary: ...

How much do medical malpractice lawyers get paid?

The standard fee is 33% of the amount awarded although this can vary depending on the firm’s policies and state-level fee caps.

Is medical malpractice a complex area?

Medical malpractice is a complex area, and not every personal injury attorney is capable of successfully litigating these claims. To give yourself the best chance for success, hire an experienced professional with a long case history and a strong track record.

What to do if you receive substandard care?

If you received substandard medical care, you may be able to reach a solution by working with the health care provider or filing a complaint with your state’s medical licensing board. Here are a few options to pursue before you consult an attorney or file a lawsuit.

Expert Q&A

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Tips

In some cases, you may just be wanting to sue a hospital for the negligence of one of its employees. Be aware that the law only allows lawyers to take on these types of cases within a set time frame. If you have failed to contact a lawyer for help in time, they may be legally barred from taking on your case.

Warnings

If you must change lawyers in the middle of a lawsuit, be aware that your first attorney will have a right to recoup his or her expenses.

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 34,751 times.

Qualified Referral Services

A great resource for finding qualified attorneys is the state or local bar associations where you live. Most of them have referral services that connect individuals to the right lawyers. In fact, many attorneys list themselves on their bar association website.

Look at Online Reviews

Online reviews are now a huge factor in the decision-making process of web users seeking products and services. This applies to law firms and attorneys.

Pay Attention to Qualifications

This is one of the most important things to consider when looking for a malpractice lawyer. You need to pay close attention to an attorney’s experience and qualifications within the medical malpractice field.

Consider the Cost

There’s a good chance you’re in a tough financial spot if you’re searching for a malpractice lawyer. You may have medical bills piling up and could even be out of work due to your injuries. You’ll need to ask any prospective lawyers about what the exact cost will be.

Find the Perfect Malpractice Lawyer for You

Getting your life back on track is your top priority, so finding an attorney that has the experience and know-how to handle your case is imperative.

Where to Start?

Medical malpractice law is something of a specialized field, owing to the overlap of medical and legal issues, as well as the unique procedural challenges that often come with these kinds of cases. Most lawyers who specialize in medical malpractice will either:

Narrowing Down the Field

One you have a list of potential lawyers, you'll want to pare the list down to a few solid candidates. Here's what to consider:

Asking the Right Questions

Once you've settled on a few good candidates, it's time to contact them, either by email, phone, or through their firm's website (many firm sites have a "chat" feature these days, where you can type a message to a firm representative and get a response in real time, and start a dialogue that way.) Here are some points to cover:

How to pay attorney fees?

As with attorney’s fees, lawyers have different arrangements for paying these expenses. Your attorney may: 1 ask you for a “cost retainer” and then withdraw from that fund as needed 2 ask you to pay the costs as they come up, or 3 agree to advance the costs and deduct them from any settlement or award that you receive.

Do lawyers charge hourly fees?

Hourly fees. In a few cases, lawyers charge an hourly fee for their work. If they do, they’ll often ask for an up-front “retainer” (a sort of down payment). Then they’ll subtract the fees as they earn them and give you an accounting of any balance.

What is contingency fee?

Under what’s known as a contingency fee arrangement, your attorney receives a fee only if you receive monetary compensation, in the form of an out-of-court settlement or an award after trial. The contingency fee will be a percentage of your total compensation.

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