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The success of your medical malpractice lawsuit often rests on the skill and knowledge of your medical malpractice attorney. Not only does your lawyer need to have a thorough understanding of Florida personal injury laws, but they must also have a fairly good foundation of medical knowledge, as they must understand the appropriate standard of care specific medical providers must provide.
So, how do you choose an attorney? Many Palm Beach Gardens medical malpractice lawyers offer complimentary initial consultations in which they review the viability of your medical malpractice claim and decide whether to accept you as a client. This free consultation is also your opportunity to evaluate the firm’s abilities and resources.
What questions should I ask in my initial consultation?
We suggest writing down your questions before meeting with each potential medical malpractice lawyer for your case, so you don’t forget anything. Take notes so you can compare each attorney. Make sure that the firm practices medical malpractice law, specifically, not just personal injury claims in general. Medical malpractice cases involve complex medical matters, and not every personal injury firm chooses to handle these cases.
Once you’ve narrowed your choices, set your consultation appointments and get your questions ready:
- Do you handle medical malpractice involving cases like mine?
- How would you approach litigating my case?
- What is your record for wins versus losses?
- What is the average settlement you achieve in medical malpractice claims?
- How do you handle legal fees? Many personal injury firms work on a contingency basis, which means that you don’t pay upfront but rather pay your lawyer a certain percentage of any damages recovered (usually around 30-35%)
- Will I have to be examined by another doctor?
These are just a few general questions to help you gauge the lawyer’s knowledge and experience.
You may be pursuing a claim after a family member passed away due to medical malpractice. In this case, make sure to ask each lawyer if they handle wrongful death claims.
Good medical malpractice law firms should have the resources to litigate your case
Medical malpractice claims typically require more resources, time, and specialized knowledge than other types of personal injury claims, and not all law firms possess this expertise. It’s important to make sure that your attorney has the resources, in addition to knowledge and experience, to pursue your case to a successful conclusion.
The most important resource your lawyer needs is money. Most medical malpractice lawyers operate on a contingency fee basis, which means that you don’t have to pay any upfront costs, and you’ll get access to high-quality legal representation without having to pay out of pocket. However, with this payment system, the law firm fronts the entire cost of litigating your case, which may be substantial.
This is great for injured victims who not only have piles of medical bills from the initial procedure, and medical bills from treatments to correct the damage medical malpractice caused. Many plaintiffs are out of work, recovering from multiple procedures, or unable to work because the malpractice caused them too severe damage to sustain gainful employment, and without the means to pay for legal fees to pursue a medical malpractice claim.
Make sure that your lawyer has access to medical experts who can examine you, review your medical records, and testify about how the defendant failed to provide the standard level of care. Medical experts are professionals, former or practicing doctors, nurses, or medical professors who understand what’s expected of a licensed medical professional and can explain it to a jury. They provide critical evidence, but good ones can be expensive to hire.
Red flags that indicate a bad medical malpractice lawyer
We’ve talked about the “dos” for finding the right lawyer. Now let’s look at some indications that the lawyer you’re talking to isn’t the best choice:
- Lack of experience: Inexperienced medical malpractice lawyers may miss critical details that more experienced lawyers would note and address. This can include false claims about your medical procedure or legal errors in the defense’s argument.
- Making unrealistic promises: No ethical lawyer will guarantee they’ll win your case, no matter how strongly the facts are in your favor. Medical malpractice claims are complex, and anything can happen as the case progresses.
- Conflicts of interest: If the lawyer or firm represents a party affiliated with the defense, it’s an unethical conflict of interest.
- Lack of empathy: You’re going to be talking about deeply personal issues and your private medical information. If you don’t feel comfortable with the lawyer or trust them, or if you feel they don’t really care about your pain and struggles, move on to the next lawyer.
Get trusted legal help from a Palm Beach Gardens medical malpractice attorney
Have you suffered harm due to the negligence of medical professionals? The outcome of your medical malpractice lawsuit may depend on the experience and resources of your attorney. We’re the firm you want for dedicated representation. Contact Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation.