Choosing the correct medical malpractice attorney is your most crucial decision following a medical injury.
If you get it right you have a good chance of winning your compensation. If you get it wrong your case could unravel before it’s even begun. Medical malpractice cases are two of the hardest lawsuits to win because you’re fighting against:
- Hospitals with deep pockets
- Insurance companies with teams of lawyers
- Doctors who have expert witnesses on their side
And that’s exactly why choosing the right attorney matters so much.
Here is how to do it…
What you’ll discover:
- What Does A Medical Malpractice Attorney Do?
- Why Hiring The Right Attorney Matters
- Top Things To Look For In A Medical Malpractice Attorney
- Questions To Ask Before Hiring
What Does A Medical Malpractice Attorney Do?
A medical malpractice lawyer is a legal professional that represents those who have been victimized by medical negligence and are seeking compensation. Medical malpractice lawyers deal with cases of doctors, nurses, and hospitals who harm patients by mistakes or neglect.
Their burden is to prove four elements: the healthcare provider owed you a duty, they breached the duty, the breach caused your injury, and your injury resulted in actual damages.
It sounds easy but it’s complicated. Medical malpractice cases consist of piles of medical records, expert witnesses, medical expertise, and deadlines.
A good medical malpractice attorney will:
- Dig up dirt on your case: They will obtain medical records, consult with medical experts and gather information to have indisputable proof that something went wrong.
- Negotiate on your behalf: The majority of malpractice cases are settled without ever going to trial. Your attorney will handle all negotiations with the insurance companies.
- Go to trial if necessary: Sometimes negotiations fail. A good lawyer will stand up for you in court in front of a jury.
One of the first things to do with a potential malpractice claim in Florida is to consult with a seasoned professional. It’s worth taking the time to contact a Fort Lauderdale medical malpractice lawyer who can evaluate the circumstances and advise on the strength of a potential medical malpractice claim.
Pretty important, right?
Below is a breakdown of exactly what to look for when choosing an attorney…
Why Hiring The Right Attorney Matters
Medical malpractice is more common than most people think.
Did you know medical errors actually cause 251,000 deaths per year in America? Medical errors are one of the leading causes of death.
But here’s the kicker…
A very small fraction of victims will ever be compensated. Why? Medical malpractice lawsuits are difficult to win without proper legal representation.
Verdicts are also increasing. The average top medical malpractice verdict in 2024 was $56 million. This is up from $32 million in 2022. Hospitals and insurance companies are fighting these lawsuits harder than ever before.
You need an attorney who knows how to fight back.
They Know The Medical Side
Medical malpractice law is vastly different than typical personal injury law. You need a lawyer who knows medicine just as well as they know the law.
Why is this important?
Here’s why… You WILL be dealing with complex medical terminology, treatment protocols and standards of care. If your attorney is unfamiliar with these things, he will be eaten alive by the hospital’s lawyers.
They Have Resources
Medical malpractice lawsuits are costly to prepare. You may have to pay medical experts $5,000 an hour. Years of medical records must be obtained. A reputable attorney will have the resources to pay for your case from beginning to end.
Top Things To Look For In A Medical Malpractice Attorney
Lawyers are NOT all created equal. Here are the top 5 things to look for…
Experience In Medical Malpractice
Experience matters more in medical malpractice than almost any other area of law.
You want someone who has practiced YEARS on these types of cases. Not your typical personal injury lawyer who handles a malpractice case every now and again. Ask them how many malpractice cases they have worked on. Ask for examples of similar cases they have won.
Track Record Of Results
Previous performance is often the best predictor of an attorney’s future success on your behalf.
See where they’ve received verdicts and settlements. Did they win million dollar cases? Did they go up against big hospitals? Have they handled similar cases to yours? This is important because Florida is ranked one of the leading states in malpractice claims filed annually.
Resources And Staff
Bigger isn’t necessarily better. But you do need an attorney big enough to handle your case.
This includes:
- Access to top medical experts
- A team of paralegals and support staff
- Enough money to fund the case
- Connections with investigators and specialists
Communication Style
Your lawyer is going to be in your life for months, if not years. Pick someone you can actually speak to.
Observe how they communicate on your initial meeting. Are they speaking in English or lawyer speak? Do they answer your questions? You should feel educated and empowered with a quality lawyer.
Questions To Ask Before Hiring
There are some questions you should ask before hiring (and signing a retainer with) any attorney.
Here’s a quick list of questions:
- How many medical malpractice cases have you handled?
- What’s your success rate for cases like mine?
- Who will be working on my case day to day?
- How do you charge? Contingency fee or hourly?
- How long do you think this case will take?
Most medical malpractice lawyers work on contingency. This means they only get paid if you win. This is wonderful because you don’t pay anything. However, find out exactly what percent they will take. Also ask what expenses are deducted from your settlement.
Also ask them how often they go to trial. You want an attorney who will fight for you in court if the settlement isn’t reasonable.
Final Thoughts
Selecting a medical malpractice attorney is not something to take lightly. It can make or break the case.
To quickly recap:
- Look for an attorney with deep experience in medical malpractice
- Check their track record of verdicts and settlements
- Make sure they have the resources to fund the case
- Pick someone who is easy to talk to
- Ask the right questions before signing anything
Medical malpractice claims are difficult, but with an experienced attorney in your corner you have every chance of obtaining the compensation you deserve. Take your time, research the options, and never settle for anything less than an attorney who will fight for you.
Your recovery, both physical and financial, depends on it.
