How Do I Find a Medical Malpractice Lawyer?

If you have been the victim of medical malpractice, it is essential that you find quality legal representation. You can count on the fact that the doctor or his or her healthcare facility will be able to afford the best possible attorney on their side. The good news is that often medical malpractice attorneys will not put you on a retainer, so you will not have to pay out-of-pocket when you are already in a tough situation.

In order to find the best medical malpractice attorney in your area with experience and training in supporting victims and their rights, we spoke with Douglas Healy. Healy, a graduate from the University of Arkansas School of Law, was the Senior Trial Attorney for the Greene County Prosecutor. His firm, Healy Law Offices, works with commercial and industrial clients. They have three offices – two in Missouri and one in Arkansas. Healy also serves as the general counsel for the Missouri Joint Municipal Electric Utility Commission.

Sources for Malpractice Attorney Information

Some of the best sources for referrals of qualified personal injury lawyers include online lists of attorneys, such as Lawyers.com, Findlaw, and Enjuris. Lawyers.com has more ratings of lawyers. You can also ask your local or state bar association for a referral

Narrowing Down the List

You want to ensure you are choosing a “plaintiff’s lawyer,” not a lawyer that represents healthcare providers.

Researching Lawyer Discipline

According to Findlaw, it is important to research the lawyer’s discipline record with their state bar association before you take the time to call and interview them. You will find out if the lawyer is even licensed as an attorney in your state. There are a range of disciplinary issues that lawyers might have on their record. Some might be as slight as paying their bar fees late. You will also find out if there are more serious issues that required state fines or penalties or if they were reprimanded or temporarily suspended.

Interviewing the Attorney

Once you have a smaller list of medical malpractice attorneys to contact, it is time to interview them and find one that will be willing to represent you that provides you a feeling of confidence about their professionalism.

The following are some of the issues Lawyers.com suggests that you need to address in your interview with the attorney:

Percentage of Caseload: You want to work with attorneys that specialize in medical malpractice, so you need to directly ask what percentage of their caseload is devoted to medical malpractice.

Percentage of Cases Settling: You need to ask the attorney what percentage of their cases end up settled out of court. If the percentage is high, there is a possibility the opposing law firms know this and angle for lower settlement amounts.

Contingency Plan: Most personal injury lawyers represent their clients on a personal injury contingency plan. This means that they do not charge you a fee for their services. Instead, they will receive a percentage of the damages that the court will award you if you win your case. The law firm, may though, charge you for court filing, documentation preparation and expert witness fees as you incur them. You need to know about this in advance and decide if you have the funds to proceed. Many medical malpractice cases require expert witness testimony, and the fee for expert medical witnesses is high.

Why They May Decline to Represent You

According to Enjuris, you may have to interview a number of medical malpractice attorneys before you find one willing to represent you, even if you deserve damages for the harm you have suffered at the hands of a healthcare provider. Sadly, if the attorney cannot earn enough money in litigating your case, they will not represent you. Also, if they deem it is too hard to prove that you were not at fault, they will be unable to help. In some cases, attorneys choose a narrow portion of the personal injury field and will not help you. Also, your case may require the testimony of a medical witness that is too expensive in relation to the damages you would earn.

Douglas Healy states that it is important to work through all of the steps listed above in order to find the best attorney to represent your malpractice case. It is hard to win these cases, so you need the most experienced and caring advocate on your side. Everyone in the medical profession has a duty of care. If the healthcare provider has flaunted that responsibility and caused you harm, they must be held accountable

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