Medical malpractice cases are some of the most complicated personal injury cases for a law firm to take on. This type of case requires an expert law firm with a proven track record of winning. Personal injury claims against doctors and medical institutions require attorneys who are able to successfully navigate advanced scientific theories and medical terminology. It takes lawyers with experience and intellect, as well as the financial ability to hire the right investigators and consultants. A qualified personal injury law firm should explain their ability and experience in taking on such challenging medical malpractice cases. Before deciding on a firm or lawyer, here are five skills to look for in a medical malpractice attorney. As a physically damaged plaintiff, or the representative of a family member who has died due to medical malpractice, you require competent, proper representation.
Malpractice Attorney: Experience with This Specific Niche of Personal Injury
Doctors have their areas of expertise and attorneys also have their specialties. While some lawyers are great at criminal defense, divorce or general practice, an experienced personal injury lawyer with a medical malpractice track record is required for a medical malpractice case. Success requires experience in this complex niche and there are few lawyers that possess the necessary experience and talent in this area. Additionally, many malpractice lawyers are only experienced in defending physicians. Make sure to find a qualified attorney with experience representing the plaintiff in medical malpractice cases.
Attorneys acquire medical knowledge based upon both experience with other cases and a great deal of medical research, In addition, every medical malpractice case is unique. During the consultation, show the attorney all your medical records. Discuss thoroughly the potential mistakes of the doctors and medical staff and the diagnosis and procedures.
Access to a Medical Witness
Even if your lawyer is well versed in medicine and medical procedures, it’s very likely the judge and jury are not. Therefore, most court victories hinge on the testimony of an expert medical witness or witnesses. An experienced law firm will not take on a specialized medical malpractice personal injury case against a doctor or hospital if they do not have access to experts who can knowledgeably testify about the doctor or staff’s negligence and the medical standards of care.
Charges a Contingency Fee
If you’re facing large medical or other bills, adding the expense of legal fees can be terrifying. However, most personal injury attorneys work on contingency fees (meaning there is no fee unless there is money recovered) and explain their normal fee structures. It is extremely expensive to take on a doctor or medical facility in a medical malpractice case. While their insurance companies typically have vast resources, cash reserves and legal teams, the plaintiff’s attorney will typically pay for all necessary legal expenses, only being paid back if there is money recovered.
Compassionate and Aggressive
Few medical malpractice cases get settled without going to trial, and most of the cases that go to trial hinge on a jury verdict. A medical malpractice personal injury lawyer who is compassionate and has a winning “bedside manner” is extremely important, because in this kind of a case, expert trial tactics and effectively communicating with the jury can make the difference between winning and losing. For cases that go to trial, you need a lawyer that is driven and aggressive. During the consultation, ask about your potential counsel’s strategies and examine the firm’s success rates. These cases can last years, so you need to hire the right lawyer, one who understands what you’re going through, and will fight hard for you as the underdog.
We at Marrone Law Firm, LLC embody the skills mentioned above and are here to help you get the settlement you deserve. Reach out to us today for a consultation.