Last Updated on June 8, 2022 by Michelle Wan
Every year in the United States, 85,000 medical malpractice lawsuits are filed. Filing a lawsuit can help you get valuable compensation if you have experienced negligent medical care. It can also help to make health care services aware of dangerous practitioners.
However, not every malpractice case will be successful. In fact, in recent years the number of paid claims has declined significantly.
If your case is going to be successful then you need support from an experienced medical malpractice attorney. With more than 48,000 personal injury law firms working across the US, choosing the right one for you can feel overwhelming. Knowing what to look for in an attorney will help you find the right one for your claim.
In that case, you’ve come to the right place. If you have experienced medical negligence or birth injuries, read on to find out how to choose a medical malpractice attorney for your case.
What Do Medical Malpractice Cases Cover?
All healthcare professionals are expected to deliver a certain standard of care in their work. Failing to meet this standard is known as medical negligence. This can cause existing conditions to become worse or may result in direct injuries.
Medical negligence often results in malpractice cases. These can include:
- Misdiagnoses as a result of incorrect testing, missed tests, or unexplored symptoms
- Surgical errors, including improper monitoring of anesthesia
- Birth injuries, such as cerebral palsy and oxygen deprivation
- Increased or undiagnosed pregnancy risk factors
- Use of incorrect treatments
- Use of incorrect medication or incorrect dosages (resulting in overdoses or ineffective treatment)
If you have experienced any of these while being treated, you could have a strong medical malpractice case on your hands.
Successful cases obviously won’t correct the medical error that has been made. However, they can provide valuable compensation for your physical and emotional injuries.
Who Can You Make a Case Against?
Doctors are not the only people who you can file medical malpractice claims against.
In fact, you can make a case against any healthcare professional who was responsible for your treatment. This includes nurses, midwives, and staff working in rehabilitative care.
The most important thing is that you make your case against the person who is the most responsible for your injuries.
For example, let’s say that your child suffered injuries during childbirth. In that case, you should look for who delivered your baby or who overlooked risk factors before delivery. They are usually more responsible than the supporting nurses in the room during your delivery.
How Can an Attorney Help?
Medical negligence does not automatically result in compensation. In fact, most medical professionals will have a team of lawyers on their side to fight claims.
Because of this, you need to make a strong case and a medical malpractice attorney can help. They will:
- Review your case and recommend the best way to make your claim
- Gather evidence to support your case
- File your claim and any paperwork associated with it
- Represent your needs in court and in meetings with the defendant
These lawyers have a specialist understanding of medical negligence law. So they will also be able to anticipate defenses against your claim and fight these. This gives you the best possible chance of winning your case.
With that in mind, here are our tips for choosing a great medical lawyer to help with your case.
Ask For Recommendations
If you know anyone who has made a medical malpractice claim in the past then it is a good idea to ask them about which lawyer they used.
A glowing recommendation is a very good reflection on a lawyer. This can tell you a lot more than their website or success rates. It will also give you an insight into the support, communication, and professionalism that they offer clients.
Asking people you know about unsuccessful cases can be just as useful. This will give you a good idea of which lawyers to avoid!
Look For Lawyers With Specialist Experience
You want help from a lawyer who has experience in putting together medical malpractice cases.
These cases require specific knowledge of medical law in your state. So do not settle for a standard personal injury lawyer.
When you start researching a lawyer, take a look at the types of cases that they have worked on (and won!). This is a good way of finding out whether or not they have experience dealing with your specific claim.
Medical malpractice cases can be very complicated as you have to prove that a doctor’s behavior directly impacted your health. In some cases, the defendant will try to claim that medical complications occurred naturally. Or they might try to blame them on pre-existing conditions.
Because of this, you want an attorney with extensive experience handling complicated cases. They will know exactly how to prove medical negligence.
Make Sure That They Fight for Patients
There are two types of medical malpractice attorneys that you should know about:
- Attorneys who present victims of medical negligence
- Attorneys who defend healthcare professionals against claims
When you first start looking for a lawyer make sure you avoid anyone who works defending healthcare workers. While they are probably still great at their jobs, most defending lawyers won’t take on claimants’ cases.
On top of this, you want to know that your lawyer has your best interests at heart. If they work locally, a lawyer with connections to healthcare organizations may have divided interests. This can put them in a difficult position and might result in your case being dropped without notice.
A law firm that focuses on looking after victims of negligence will do no such thing. They will prioritize your case and will be sure to support you throughout the process.
Check Them Out Online
If you are just starting your search for a lawyer then it’s a good idea to go online. That way you can find lawyers near you quickly and compare them easily. You may even be able to book a consultation via their website!
Once you have found a few lawyers that you like, it is worth doing a bit more research into them online. You can use this to:
- Check their training and licenses
- Find out whether they are members of state lawyers’ associations
- Check whether or not an attorney has ever been disciplined (via the American Bar Association)
- Look into their previous work and success stories
This will provide an independent insight into their claims and their work. It also gives you chance to find out more from previous clients, which leads us to our next point!
Read Testimonials From Previous Clients
Testimonials are an invaluable resource when it comes to finding a great lawyer. So make sure that you check these out.
These tell you about a client’s overall experience during their case. So they give you more of an insight into what a lawyer is like to work with. When looking over testimonials, keep an eye out for comments about:
- Clients’ overall satisfaction with their lawyers
- How happy they were with their settlement
- How long their case took
- The quality of attorney-client communication
- Whether or not the client felt supported during their case
It is a good idea to look out for testimonials from the last two years or so. Recent testimonials will tell you about their practice now, as this can change over the years.
Look at Their Success Rate for Settlements and Trials
Of course, if you hire a lawyer to help with your malpractice case then you want to be confident that they are going to win the case for you. So it is important to look at their success rates.
This includes looking at:
- How many cases they have filed
- How many cases they have won
- The average payout they have secured for their clients
After all, an attorney could claim to have won thousands of dollars on behalf of their clients. However, if this amount only comes from two or three claims then their success rate could still be quite low.
In an ideal world, your case will be settled outside of court. However, 7% of medical malpractice lawsuits do end up in front of a judge. In the majority of these cases, the judge will rule in favor of the defendant.
Because of this, you want to hire an attorney that has experience taking cases to court and winning them. Hopefully, your case won’t have to go this far. But it is useful to know that if it does your lawyer is well prepared.
Find a Lawyer Who Communicates Well
Great communication is a vital trait to look for in a lawyer. After all, you want to work with someone who is going to update you on your case regularly. You also need to be able to reach them easily with any questions or useful information.
Testimonials can tell you a lot about the quality of a lawyer’s communication. However, you can also get a feel for this when you first reach out to them.
A good lawyer should be accessible so you won’t have any difficulty getting in touch and leaving a message for them. On top of this, they should respond fairly quickly to emails, calls, or messages.
If you find yourself having a chase a lawyer up or are waiting for a response for more than three days, this is a serious red flag. When this happens, it’s time to look elsewhere.
When you first meet with an attorney it is worth finding out if their preferred method of communication (such as emails or phone calls) matches yours. This isn’t always a deal-breaker but it can help communication run smoothly.
Ask Lots of Questions
Good attorneys understand that potential clients will need a lot of information before hiring them. After all, this helps you to make an informed decision.
Because of this, lawyers should be happy to answer any questions that you have via email or at your initial consultation. Taking a list of key questions can help you find out everything you need to know about a lawyer before you hire them.
Once you have told them a little about your case, you should always ask them about:
- What factors work for or against you
- What the deadline is for filing your claim (according to the Statute of Limitations)
- Whether they have experience dealing with cases like yours
- The kind of resources they have at their disposal
- How many cases they usually take on at a time
- What their fees are and whether they work on a no-win-no-fee basis
- Who your point of contact would be during your case
This will help you find a law firm that is the right fit for your unique case.
How Can Thomas and Wan Help With Your Claims for Medical Negligence and Birth Injuries
At Thomas and Wan, we have over 35 years of experience advocating for victims of medical negligence. Because of this, we can offer our clients specialist expertise in making successful claims.
We are both members of the Multi-Million Dollar Advocates Forum of The Top Trial Lawyers in America. This means that we have won multi-million-dollar and million-dollar settlements for our clients in the past.
Less than 1% of America’s attorneys are members of this organization. So we can offer a great success rate to prospective clients.
In particular, we have experience working on cases involving birth injuries and complications. So if you are looking for a birth injury attorney, look no further!
We would be happy to review your case for free during your initial consultation. So if you aren’t sure of how to proceed with your case, please don’t hesitate to get in touch.
Get Support Today
If you have been the victim of medical negligence or are living with birth injuries, Thomas and Wan are here to help.
We have extensive specialist experience with making medical malpractice claims and would be happy to review your case in a free consultation. Get in touch here to organize your consultation now.
