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11 Essential Questions to Ask Your Medical Malpractice Lawyer
July 14, 2023

Medical malpractice is a complex legal field encompassing areas of both medicine and law, requiring a specialized knowledge base to navigate successfully. As such, an individual seeking representation should thoroughly engage their prospective attorney to ensure they possess the necessary expertise. In this regard, asking the right questions can be a valuable tool. Herein, we delve into eleven queries that can help establish whether an attorney is well-suited for your medical malpractice case.

  • What is your experience in handling medical malpractice cases?

    A vast portion of medical litigation turns on the specifics of medicine. Hence, finding a lawyer with a solid foundation in medical malpractice is paramount. They should be conversant with medical terminologies, procedures, and standards of care that apply to your case. The attorney should ideally have experience with cases similar to yours.

  • What is your track record in medical malpractice cases?

    Beyond experience, outcomes matter. An attorney might have taken on similar cases, but if they regularly fail to secure favorable verdicts or settlements, this could signify lackluster negotiation skills or insufficient medical knowledge. A lawyer's track record can provide insight into their abilities and effectiveness.

  • How do you assess the merits of a case?

    Medical malpractice cases often hinge on whether a healthcare provider's negligence caused injury to the patient. Therefore, it's crucial that your lawyer knows how to evaluate the strength of your case. They should be able to logically explain the rationale behind accepting or rejecting a case.

  • How does the contingency fee arrangement work?

    Most medical malpractice lawyers operate on a contingency fee basis, meaning they get paid only if they win your case. Understanding how this fee structure works, the percentage they’ll charge, expenses you might be liable for if you lose, are all essential in determining whether you can afford their services.

  • Do you have access to medical experts?

    Medical malpractice cases often require expert testimonies to explain the technicalities involved. A lawyer who has access to a network of medical experts can be a tremendous asset.

  • How will you handle communication during my case?

    You’ll want a lawyer who keeps you updated about your case. The frequency, mode of communication (calls, emails, in-person), and who you’ll be speaking with (the lawyer themselves, an associate, a paralegal) are all details that help set expectations right at the outset.

  • How do you handle case preparation and trial?

    Some lawyers are excellent at negotiating settlements, but not so proficient in the courtroom. If your case goes to trial, you'll want to ensure your attorney has successful trial experience, and understands how to strategically employ discovery tools, such as depositions, to bolster your case.

  • Do you foresee any challenges with my case?

    Every case has potential pitfalls. A competent attorney should be able to identify these challenges, outline how they impact your case, and suggest strategies to address them.

  • How long do you estimate it will take to resolve my case?

    While it's difficult to predict exact timelines, an experienced lawyer should provide a reasonable estimate. This also helps assess their workload and whether they can devote ample time to your case.

  • How often do you consult with other lawyers on your cases?

    Collaboration can be instrumental in complex cases. A lawyer who routinely brainstorms with colleagues can potentially devise more innovative solutions.

  • What is your approach to settlements versus trials?

    An attorney should be willing to go to trial if necessary, but should also recognize when a settlement is in your best interest. This question can give you an insight into their decision-making process and tactical approach.

Finding a medical malpractice lawyer with the right mix of expertise, experience, and approach can be a daunting task. However, by asking these key questions, you can make an informed choice, ensuring you have the best possible representation for your case. Remember that these questions serve as a guide, but you should feel comfortable asking your potential lawyer any other questions you deem relevant. After all, it's not just about their abilities but also about ensuring they are the right fit for you.


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