how to find a lawyer to take any medical case

by Fritz Raynor 8 min read

  • Call a bar association in your city, state or county. Most local bar associations have several search/referral tools to assist you in finding an attorney in a certain specialty. ...
  • Talk to your insurance company. Your health insurance company may be able to offer some tips on malpractice attorneys in your state.
  • Talk to another doctor. If your primary physician is not involved in the case in any way, he or she may know reputable medical malpractice attorneys in your region.
  • Ask your family and friends. Your personal network is always a valuable source to find a good attorney. ...
  • Ask attorneys in other specialties. Almost every successful attorney will know good attorneys in other specialties.
  • The Enjuris personal injury lawyer directory. Check our legal directory to find a qualified medical malpractice attorney near you. ...

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

How do I find a lawyer for a medical malpractice claim?

Contact your county’s local bar association. If you'd rather use the phone than search online, you can call your county's bar association. They will often be able to refer you to lawyers who handle malpractice suits. You should be able to find the number for your local bar association online or in the phone book.

Is it difficult to get a lawyer to take a case?

About 95 percent of patients who are harmed will find it extremely difficult to get representation. Almost no attorney will take a case, even when the chance of winning is 95 percent, if the damages are less than $50,000. More than half refuse any case, no matter the likelihood of winning, if the damages are less than $250,000.

How do I find a good personal injury lawyer?

See if the lawyer is a member of personal injury trial attorney associations, such as The National Trial Lawyers or the state trial lawyers' association in your state. You also can check the American Bar Association for local bar associations in your area.

Can a malpractice attorney refuse to file a case against a hospital?

So he looked for a malpractice attorney who would help him file a case against the hospital. That’s when he ran into a problem faced by many who are harmed in a medical setting: Attorneys refuse their cases, not because the harm didn’t happen but because the potential economic damages are too low.

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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 36,396 times.

What does legal insurance cover?

These plans vary. Many cover most, if not all, of the cost of legal consultations, document preparation, and court representation in routine legal matters. Other programs cover only advice and consultation with a lawyer.

Do legal aid offices have their own lawyers?

Some legal aid offices have their own staff lawyers, and others operate with volunteer lawyers. Note that people do not have a right to a free lawyer in civil legal matters. I have been accused of a crime, and I cannot afford a lawyer.

First: MONEY

Probably the first thing on a lawyer’s mind when she meets with you is – how will she make money on your case? There are basically three ways lawyers get paid: flat fee, hourly, or contingency. If the client is paying it’s fairly straightforward.

Second: HEADACHES

Second on a lawyer’s mind when meeting with you are “Headaches.” I’ve been doing this long enough that I can smell a headache client from a mile away. You do not want to be seen as a headache client.

Third: TIME

Show that you are respectful of the lawyer’s time. Lawyers are always stressed for time. Do not send me a five page timeline of your work history before you got fired and do not launch into a thirty minute play by play of how your boss harassed you during our first phone call.

Fourth: HEART

Despite what you hear, lawyers have hearts. Some are small and dark shriveled masses – but they still have them. Most lawyers want to feel good about what they are doing.

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Why are malpractice cases not pursued?

Malpractice attorneys agree that many legitimate cases aren’t pursued, though not because they’re greedy or don’t want to help. Patrick Malone, a Washington, D.C., attorney who has represented patients in medical malpractice lawsuits since 1985, said he triages cases to focus on those that resulted in permanent harm.

What do doctors say when something goes wrong?

Doctors and hospital officials who subscribe to this philosophy, such as those at the University of Michigan Health System, the University of Illinois at Chicago Medical Center and Stanford University Medical Center say they tell patients when something went wrong and offer an apology and sometimes even compensation.

How much money do lawyers have to invest in a lawsuit?

But lawyers may have to invest $50,000 or more to pursue a case, and they usually only get paid if they win or settle.

What is the least important factor in a criminal case?

This is the least important factor, but sometimes comes into play. If the client is a drug abuser or felon, the jury may not take them seriously, and come back with a defendant’s verdict, even if their status has nothing to do with the malpractice.

What is the second round of a case?

If an attorney believes, based on the factors above, that there may be a case worth bringing, you are into the second round.  The attorney will agree to investigate your case, to see if the evidence substantiates the claims. Step One. The attorney will request your medical records and review them. Step Two.

Is wrongful death based on life expectancy?

Damages for “wrongful death” are based on the life expectancy of the person and their future earning capacity, so for persons over 80, it is usually not possible, as the cost of the litigation will be greater than the damages. Assessment of the Client. This is the least important factor, but sometimes comes into play.

Can malpractice cause anaphylactic shock?

It must be shown that the malpractice actually caused the injury.  Sometimes this is clear, such an an instrument left inside a patient causing an infection or prescribing penicillin to somebody that is allergic, causing anaphylactic shock.

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