how to hire a medical malpractice lawyer

by Rogers Wuckert 3 min read

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. ...
  • Initiate your medical malpractice claim. 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 ...
  • Find a qualified medical malpractice attorney. Once you have established that you have a medical malpractice case, the next step is to find a qualified medical malpractice attorney.
  • Ask about the attorney’s payment practices. Medical malpractice lawyers typically represent clients on a contingency basis, which means that they only get paid if the plaintiff receives a settlement.
  • Prepare questions for the consultation, and get answers. Whether in person or over the phone, it’s in your best interest to speak to multiple attorneys before making a hiring decision.

How should I select a medical malpractice attorney?

  • Ask what percentage of the firm's caseload is devoted to medical malpractice; usually, the higher the better. ...
  • Find out what portion of cases go to trial rather than settle. ...
  • Ask for details on the attorney's fee agreement and payment of case costs. ...
  • Consider any special needs you have. ...

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How do you become a medical malpractice attorney?

What to look for when hiring a medical malpractice lawyer?

  • first check how long they’ve practiced.
  • make sure to check their track record.
  • Their Bar Association Standing.
  • Testimonials.
  • Their Fees.
  • Their Network.
  • Your Gut Feeling. ABPLA Board Certified medical malpractice attorneys are among the best medical malpractice attorneys in the country. ...

How to become a medical malpractice attorney?

How to Become a Medical Lawyer: Education and Career Roadmap

  • Medical Lawyers. Juris Doctor (J.D.) Medical lawyers work on cases that deal with medical practitioner negligence, violations of patient confidentiality, or criminal activity involving patient abuse and misuse of prescription ...
  • Obtain a Bachelor's Degree. ...
  • Take the LSAT. ...
  • Complete Law School. ...
  • Earn a Master of Laws Degree. ...

How do I choose the best medical malpractice lawyer?

  • Ask what percentage of the attorney's cases involve medical malpractice issues.
  • Find out how long have he or she has been representing clients in these types of cases. ...
  • Some attorneys only represent clients with specific types of injuries, so you'll want to ask about this. ...

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How do I prepare for a medical malpractice case?

Below are some basic first steps in bringing a medical malpractice case.Contact the Medical Professional Involved. ... Contact the Relevant Medical Licensing Board. ... Know How Long You Have to File a Claim. ... Get a Medical Assessment to Confirm Your Case Has Merit. ... Consider an Out-of-Court Settlement.More items...•

What percentage of malpractice suits are successful?

The findings have been remarkably consistent. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence [18].

Where do medical malpractice lawyers get paid the most?

Medical Malpractice Lawyers make the most in San Francisco, CA at $175,827, averaging total compensation 51% greater than the US average.

How much do top medical malpractice lawyers make?

Salary Ranges for Medical Malpractice Attorneys The middle 57% of Medical Malpractice Attorneys makes between $129,445 and $326,020, with the top 86% making $719,664.

Why are medical malpractice suits hard to win?

Complex medical evidence and juror bias toward doctors and hospitals make medical malpractice cases tough to win. Updated by David Goguen, J.D. Medical malpractice cases are notoriously difficult for patients to win.

How long do you have to sue a hospital for negligence?

two yearsMedical Negligence Claim Timeframes The general rule is that you have two years from the date on which you suffered your injury to issue proceedings.

Who is the highest paid medical lawyer?

Medical malpractice lawyers earn an average of $250,000 annually, securing the top spot as the highest-paid type of lawyer. They most frequently handle medical malpractice cases, representing a plaintiff who has sustained a personal injury due to medical malpractice.

What type of lawyer is the highest paid?

Highest paid lawyers: salary by practice areaTax attorney (tax law): $122,000.Corporate lawyer: $115,000.Employment lawyer: $87,000.Real Estate attorney: $86,000.Divorce attorney: $84,000.Immigration attorney: $84,000.Estate attorney: $83,000.Public Defender: $63,000.More items...•

What is the best definition of malpractice?

Definition of malpractice 1 : a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage. 2 : an injurious, negligent, or improper practice : malfeasance.

What do medical attorneys do?

A medical lawyer, also known as a medical malpractice attorney or medical malpractice lawyer, is a personal injury lawyer that specializes in cases involving improper or harmful medical care.

How much does a medical malpractice lawyer make in NYC?

The salaries of Medical Malpractice Attorneys in New York City, NY range from $42,484 to $373,808 , with a median salary of $135,460 . The middle 57% of Medical Malpractice Attorneys makes between $135,545 and $213,823, with the top 86% making $373,808.

How much do medical malpractice lawyers make in California?

How much does a Medical Malpractice Attorney make in California? The average Medical Malpractice Attorney salary in California is $126,988 as of May 27, 2022, but the range typically falls between $105,403 and $137,562.

Their Fees for Your Type of Case

Hiring a medical malpractice lawyer isn’t going to be cheap. Especially if they’re good and well experienced.

Meet With the Medical Malpractice Lawyer

Even if you get a great feeling about a lawyer over the phone, it’s a good idea to meet with them in person before making a final decision.

Learn More

Let’s hope you only need to hire a medical malpractice attorney once in your life. But that doesn’t mean you won’t need another type of lawyer.

What is Medical Malpractice?

Medical malpractice occurs when a medical provider causes harm to a patient he or she is professionally responsible to care for. This harm may be caused by doing something incorrectly, such as amputating a healthy limb. Alternatively, the harm may be caused by not doing anything at all.

Types of Medical Malpractice

As you’re seeking to hire the best medical malpractice lawyers, you’ll need to know what type of medical malpractice you’ve experienced. Medical malpractice can occur in almost any healthcare experience, but there are several errors that occur more commonly than others.

How Can a Medical Malpractice Attorney Help Me?

If you’ve been harmed as a result of negligence by your medical team, you need a legal team to fight back. Medical malpractice law is highly specialized. Not only is your attorney licensed and trained to stand up for you in court, but he or she is also well-versed in navigating the processes necessary to see the best outcome. For example:

How to Hire the Best Medical Malpractice Lawyers

Now that you’re familiar with what a medical malpractice case is, it’s time to hire a legal team to assist you with yours. Sometimes, that process begins with a simple internet search.

Hire the Best Medical Malpractice Attorneys

If you suspect that you’re a victim of medical malpractice, contact Morgan & Morgan today. Our team of experienced attorneys is ready to assist you with your case. Please fill out our no-cost, no-obligation case review form. Our office will be in contact with you to discuss how we will fight for you to obtain the best possible result for you.

1. Prepare for the long-term

A successful medical malpractice lawsuit can provide meaningful compensation to a victim and their family, but it takes time. Even after you have successfully hired a great medical malpractice attorney, negotiations with hospitals and insurers can drag on for months, even years.

2. Understand the crime

Medical malpractice is a crime. When it occurs, those responsible need to be held accountable, and those injured need compensation and support.

3. Determine the type of medical malpractice

Medical malpractice is an umbrella term that covers a range of different case types. Some of the most common lawsuits in this category include:

4. Leverage personal connections

At any point in the process, it can be extremely helpful to talk with people you know about your potential case. This is a sensitive subject, and you may not feel comfortable sharing details, but you should try to use personal connections in your search.

5. Narrow down the field

Once you feel like you have identified the right type of medical malpractice attorney, it’s time to trim your findings down to a list of good potential candidates.

6. Make contact with an appropriate firm

Once you have a shortlist of medical malpractice attorneys that satisfy all of your requirements, it’s time to reach out and speak with them or their firm directly. If you can’t make contact on your first try, it’s a red flag, as reliable communication will be important every step of the way.

7. Select the best candidate

Whatever you do, don’t feel pressured into making a choice. If you make contact with every firm on your shortlist and you don’t feel like you have found the right option, don’t settle.

Expert Q&A

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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.


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.

How much does it cost to hire an expert in malpractice?

These cases often come down to a battle of the experts, and hiring those experts can be expensive—as much as $50,000 in big malpractice cases.

How much does it cost to get medical malpractice records?

The costs for building a medical malpractice case include: deposition transcripts. For instance, it can cost up to $1,000 just to order copies of your medical records from all of your health care providers.

What is the payout of medical malpractice?

Payouts in medical malpractice cases are generally based on the losses (or “ damages ”) that the patient experienced as a result of the medical error—from extra medical bills and lost earnings to noneconomic damages like pain and suffering. Many states set caps on medical malpractice damages.

How long does it take to file a medical malpractice lawsuit?

The time limits vary from state to state (usually from one to four years), and they often have provisions that aren’t all that easy for ordinary people to understand (such as when the “clock” starts). If patients wait too long to start looking for a lawyer—which can easily happen when they’re overwhelmed with health issues—they may be out of luck.

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.

Can a lawyer tell if there is malpractice?

While lawyers may need to consult with experts in complex cases, they can often tell from the first conversation with a potential client that there isn’t sufficient evidence of malpractice. Some readers told us they appreciated learning this at the outset, because it allowed them to move on. Tries Before Hiring Lawyer.

Do medical malpractice cases require contingency fees?

This isn’t surprising. Medical malpractice cases are very complicated, and they take a lot of time to prepare. Very few patients would be able to afford hourly fees. So it’s common practice for lawyers to agree to contingency fees if they take on a case. Percentages Paid as Contingency Fees.