Are you looking for an attorney to take your malpractice case, but you don’t know how to get on with it? Well, fasten your seat belt because we are going to give you a guide on how to get a malpractice attorney to take your case. Here is a brief outline:
- Understanding Medical Malpractice
- Before Approaching An Attorney
- Find the Right Attorney
- Gather Evidence
- Initial Consultation
Malpractice or Not?
Has A Malpractice Occurred?
All hospitals are bound to provide the highest standard of care to their patients in order to prevent harm. The healthcare service providers have taken an oath to do so.
Thus, if you are not aware of the exact standards of care that have been violated, it is best to find out as much as possible about the injury and those allegedly responsible for it. This will help you build your malpractice case.
Though the medical malpractice laws differ in each state, there are 4 vital aspects to every claim:
- There being a doctor-patient relationship
- A standard care was violated
- Injury caused by the violation
- The injury resulted in damages
Identify Which Type of Malpractice Has Occurred
Medical malpractice is a generic medical term that covers a wide range of different case types.
Here some of the most common types of medical malpractice:
- Birth Injuries
- Brain Damage
- Chemical Birth Defects
- Failure to Diagnose
- Improper Treatment
- Medical Errors
- Plastic Surgery Mistakes
- Sexual abuse
- Surgical Errors
Once you know the type of malpractice case yours is, you can then search for a lawyer with experience specific to your case.
Before Approaching An Attorney
Prepare for Long-Term
It is for a fact that certain damages do not find justice soon enough but you can take precautions for the long battle ahead.
Stay connected with family and friends for mental support when you need help. Try your best to save money where you can; for instance, hire a legal team that doesn’t charge upfront.
Lastly, set realistic tieline and expectations so that if any delay or complications happen, you are ready for it.
Leverage Personal Connections
During your search for your lawyer, asking for help from people could be a way to deal with it. Despite the discomfort you might feel sharing your case details with your family or friends, they could direct you towards the best litigation intake attorney in your area.
Begin The Search
You need as much information as possible about potential candidates. You can start by seeking recommendations from close friends and family who have been in a similar medical malpractice case before.
Another option is checking out directories or legal referral services. These legal libraries will help you find attorneys who have specialized in malpractice cases. Furthermore, these resources provide additional information such as the attorney’s background, experience, and areas of specialization.
You could also check out your local bar association to find attorneys who have experience with medical malpractice cases.
Finding The Right Attorney
Shortlist Your Options
Now that you have selected a well-researched list of medical malpractice attorneys, now you have to tone it down to a few strong candidates. Asking the following questions can help you trim your list of candidates.
- What is the attorney’s rate of success on medical malpractice cases?
- How is the reputation of the attorney and their firm?
- Has the attorney handled cases such as this one? If so, what were the outcomes?
- Will the attorney charge on a contingency fee basis or are there fees out-of-pocket?
- How to pay attorney fees – the options?
- Will the attorney be personally handling the case, or will it be transferred to another attorney or associate?
- How many cases of medical malpractice does the attorney handle simultaneously?
- What resources does the lawyer have available to pursue the case? (i.e., doctors, investigators, staff)
- How long does the lawyer expect to take the case?
- Where is the attorney located?
- What are the biggest challenges the lawyer foresees for the case?
- Does the lawyer have existing client referrals or testimonials available for review?
- Has the lawyer ever taken medical malpractice cases to verdict, or do they usually settle?
Eliminate the attorney that doesn’t meet your list of needs, this way you can hope for the best outcome of your case.
Get In Touch With Your Top Choices
Now you have eliminated many candidates and now are left with your top choices. It’s time for you to contact them. You might have to go through the attorney’s case manager before you can talk to the attorney directly. You can still learn more on the firm and if they are the right match for you.
As you share your story, observe the attorney carefully:
- Are they empathetic towards your concerns or do they seem overly pushy?
- Does the person on the phone make you feel like your case will be in good hands or do doubts linger?
- Do they seem well-informed about the path you need to take forward?
First impressions play a huge role in our everyday lives, this is no exception. You first conversation will give you a good idea of how the attorney and their firm might treat you in the future.
If the first conversation makes you feel safeguarded, then you might have found your match. However, if doubts make you hesitate, then it’s best to get to your next best option on your list. Furthermore, if you have already hired the lawyer, try terminating your agreement with your lawyer. Check out our blog on “How to terminate an agreement with my lawyer”.
Question That Must Be Cleared Before Hiring
Here are the 10 most vital questions you need to ask your attorney before hiring them. It will help you avoid any unnecessary conflicts in the future.
- How many medical malpractice cases have you worked on?
- Have you ever handled cases similar to mine before? What were the outcomes?
- Do you work on a contingency fee, and how much do you pay?
- Do I pay fees or expenses if we lose the case?
- How to pay court ordered attorney fees, if ever required?
- Do you have medical experts who can help me with my case?
- What are the issues you see in my case, and how will you address them?
- How long do you think you will take my case, and is trial probable?
- Who will handle my case—you or one of the other lawyers in your firm?
- How often will you be calling me, and what is the best number to call you at?
- What is your success rate on medical malpractice cases?
Select The Best Malpractice Lawyer for Your Case
Just remember before finalizing your attorney, that the best malpractice law firms have decades of experience, a proven track record of successful medical malpractice settlements, local offices with a nationwide reach, and positive reviews from past clients.
When you know that a firm/attorney that meets these qualities is looking after your case, confidence will grow and you will feel assured that your case will get the attention it deserves.
Initial Consultation With A Malpractice Attorney
What to Expect in a Consultation
The initial consultation is vital whether the attorney of your choice will take your case or not. Most malpractice attorneys offer free consultations. Thus it is advised that you go well prepared and make most out of the free sessions.
When you share your case information with the attorney, they start by reviewing the basic details of the case to assess its viability. You have to be ready for questions regarding the medical treatment received, damages suffered, and whether negligence can be proven.
Morvoer, the lawyer might talk about the potential challenges. If they don’t, you have to ask! Some attorneys are open to providing an initial legal strategy or recommending further investigation before taking the case.
Documents & Evidence You Should Bring
Medical Records: Hospital reports, prescriptions, test results, doctor’s notes related to the alleged malpractice.
Correspondence: Any emails, messages, or letters between you and the healthcare provider.
Bills & Financial Records: Documentation of medical expenses, lost wages, and additional costs caused by the malpractice.
Witness Statements: Very unlikely, but if available, statements from medical professionals or others who witnessed the malpractice.
Personal Notes: The whole thing from start to finish: Symptoms, treatment details, and conversations with the healthcare provider.
Understanding Legal Fees & Payment Structures
Contingency Fees: Malpractice attorneys usually work on contingency basis, So, basically they get paid only when you win the case.
Upfront Costs: Many attorneys ask for upfront payments for case investigation purposes, expert witness fees, or court filing fees.
Additional Expenses: It is best to discuss if you are responsible for certain legal costs if the case doesn’t win.
Reasons Why Medical Malpractice Attorneys Turn Down Cases
Lack of Sufficient Evidence
A medical malpractice case is all based on evidence. If your case does not have enough evidence then an attorney may not want to take your case. Moreover, if the case seems over-challenging, that also could be a reason a lawyer would turn down your case.
Moreover, lack of evidence will not be able to prove causation. Causation stands for proving the medical negligence has taken place, or a breach in the duty of case. To win a case, determining Causation is mandatory.
Statute of Limitations Expired
Each state has a different statute of limitation. For instance, if your case is after California’s deadlines for legal filing, even the best of cases will be rejected by the court.
Cost Exceeding Damage Threshold
Medical Malpractice lawsuits are expensive. When a lawyer accepts a malpractice case, various costs are associated with it. Thus in some cases upfront payments might be required; for example, hiring healthcare professionals to review your records and serve as an expert witness.
For a minor damage claim, the cost of litigation can get overbearing and exceed the potential damages. Unless it makes financial sense to pursue a lawsuit for your case, a lawyer will not accept your case.
Attorney’s Workload or Specialty Mismatch
Yes, lawyers are known to take on many cases at one go. In many cases, they have paralegals and other staff members to help them out. However, sometimes, it simply is too much to absorb and not enough helping hands to take on a new claim and put sufficient effort on it. This situation doesn’t discriminate between winning or losing cases.
As a person experiencing medical malpractice you might be thinking but that’s unfair, what if it involved medical malpractice death. However, think of it this way, what if you have a winning case, but the overworked attorney took the case and couldn’t give it the attention it deserved. As a result, you lost the case.
In such scenarios, a lawyer is doing the client a favor by allowing them to find an attorney who will give their case sufficient time and effort.
How to Strengthen Your Case Before Approaching an Attorney
Gather Medical Records & Evidence
Before showing up at the attorney’s door step, make sure you have gathered as many supporting documents as possible. This will strengthen your case.
| Documentations You Should Bring | |
| Medical Records | Correspondence |
| Bills & Financial Records | Witness Statements |
| Personal Notes | Evaluation from Another Healthcare Provider |
Seek Expert Opinions
In various states, you are required to produce another doctor’s evaluation on the medical malpractice lawsuit. This evaluation from the third party doctor must certify that your case is of merit.
Just a n advice, whether your state requires a second doctor’s opinion or not, it is a good idea to have a medical evaluation done. This certification will strengthen your case.
So, the doctor typically assesses your existing medical records, evaluates the injury, provides a diagnosis and then drafts a statement explaining how the previous doctor’s actions caused your current condition.
Document Financial & Emotional Impact
Unlike medical records, emotional distress is more challenging to prove. Don’t get disheartened. Here are five types of evidence that can be used to prove emotional distress:
Seeking Mental Health Treatment: Find yourself a qualified psychologist or psychiatrist and receive the necessary mental health treatment. This will go down in your medical records which will support your claim. Moreover, your mental healthcare provider can work as a valuable witness during the trail.
Getting Expert Testimonies: Your attorney might hire expert witnesses such as a grief specialist to testify to your emotional condition. Experts then review the evidence that explains that your symptoms and diagnosis leans towards mental distress.
Documenting Your Thoughts & Emotions: Start journaling. Writing down your thoughts and emotions everyday is also helpful. These personal notes can also weigh as evidence to portray emotional suffering.
Getting Statements from Loved Ones: Your malpractice attorney might ask your family or close friends to stand as witnesses. They are the direct intel on addressing the evident change in your behavior since the malpractice. Your attorney will ask them about your emotional and behavioural state since facing the trauma. This creates an impact on your trail, basically portraying how this malpractice has affected you and your family.
Conclusion
This brings an end to “How to get a malpractice attorney to take your case”. We have discussed the steps one must follow in order to succeed in convincing an attorney to take their case. In addition we have also touched down on how to choose the right attorney for your case.
The process is not as easy considering the mental distress you might be going through, thus to make it much easier, seek out Expert Legal Outsourcing where you can hire a Virtual Attorney to help you with your case. They provide highly-qualified and trained experts with global knowledge, enabling you to access global expertise from your local area.
Slow down your feet and hire a virtual attorney today!
Rafia Alam Rowshni delivers a unique combination of legal knowledge and content creation talent using SEO Tools and SERP analysis. She has a solid background in public health and legal services and knows the complexities of the legal world. She can translate complex subjects into simple, concise, and entertaining information that audiences can actually use.
