Every year, many people are injured or die due to medical malpractice. Hiring a medical malpractice attorney is necessary when considering filing a claim if you or someone you love has been the victim of medical malpractice. However, knowing what questions to ask when hiring a medical malpractice lawyer is essential.
Medical malpractice claims are often complex and challenging and require expert medical testimony. Winning a medical malpractice claim is complex, and having the best lawyer with experience in malpractice lawsuits is one of the critical components.
There are many attorneys to choose from, and knowing what questions to ask will help you decide, help ensure your rights are protected and receive the compensation you deserve. When interviewing medical malpractice lawyers, several questions below are essential for you to include.
1. What Type of Experience Do You Have With Cases Similar to Mine?
This is likely the most crucial question. You want to hire a medical malpractice lawyer with a lot of experience to represent you, saving you time and improving your chances of receiving financial compensation for your injuries.
If your attorney indicates they have experience, asking further questions to ensure it is true is essential. Examples of follow-up questions include, “When were the cases tried?” and “What were the results?” The attorney needs to have a deep understanding of the subject matter.
2. Do You Have Previous Experience in the Courtroom?
Should your lawsuit go to trial, your medical malpractice attorney must be well-versed in courtroom etiquette and be able to present your case favorably to the judge and jury.
It is beneficial if your attorney has previous dealings with the other attorneys and judges who most likely would be involved in your case. Courtroom experience is a vital skill set for your attorney and necessary for them to evaluate your case and provide you with the best advice.
3. What Were the Results of Your Previous Medical Malpractice Cases?
You want an attorney with a reasonable success rate with medical malpractice lawsuits, so make sure you ask them for references and outcomes regarding their past cases, including if they have ever won any significant financial rewards for their clients.
4. Is There a Statute of Limitations or Other Time Limits in My Case?
One of the main influencing factors in all medical malpractice lawsuits is that you must bring your claim within a specific period from when your injury occurred or was first discovered. Depending upon your state, the statute of limitations may differ.
Even the strongest cases won’t be able to be pursued if you miss your window to take action. An experienced medical malpractice attorney can help advise you on the time limits you need to be aware of and help you file your case in a timely manner.
5. Have You Ever Been Sanctioned for Attorney Misconduct?
You should ask your attorney to ensure they are in good standing and have a good reputation regarding their conduct. This information can also be found on your state’s licensing authority website. Should an attorney have past accusations, ask them to clarify the circumstances that led to the allegations and the outcome.
6. Do You Have Any Conflicts of Interest?
Malpractice lawyers are under obligation to identify and acknowledge any conflict of interest. An example of this would be if the attorney regularly represented the hospital you are about to file a medical malpractice lawsuit against.
7. Do You Have the Necessary Resources to Prosecute My Case Successfully?
Medical malpractice cases require a significant amount of resources to win. You want to ensure that the attorney you are interviewing has access to necessary resources, such as medical investigators and expert witnesses for your case. Ask how many people will be actively involved in your case and consider looking elsewhere for an attorney if they don’t have the necessary resources.
8. What Is Your Legal Fee?
Everyone wants the best legal representation they can afford. It is crucial to be sure that the legal fees of the attorney you are considering fit into your budget before you begin working with them. Along with asking about legal fees, find out how they will charge for their services, and how you will share the compensation.
9. How Will We Communicate?
Make sure you establish how you and your attorney will communicate in the beginning. While some prefer email, others prefer to speak over the phone or via video. There’s no right or wrong answer, and you must also consider your preferences. Either way, it is best to know how to contact your medical malpractice lawyer should any issues or questions arise.
10. How Often Will I Hear From You?
Clear communication is vital. Whether you prefer to hear from your attorney daily or just a periodic check, the most crucial part is that you are satisfied with your medical malpractice attorney’s practices and know what to expect going into the representation.
11. What Do You Need From Me?
When you find the attorney that is best suited for you and your case, you will need to sign a retainer agreement and find out what else they need from you. You will need to assist your medical malpractice attorney in obtaining your medical records and find out when you need to be available for meetings. Knowing what your attorney will need from you to have the best chance for success.
12. Should I Talk to the Insurance Company of the Liable Medical Professional?
You may find that the insurance company responsible for the liable party will ask for a recorded statement from you. Before you agree, it is essential to speak with your attorney. You can ask your attorney to be responsible for discussions with the insurance provider on your behalf and advice on handling any situation.
13. What Is the Most Likely Outcome of My Case?
No attorney should guarantee a specific outcome for your medical malpractice lawsuit. However, many experienced medical malpractice attorneys may be able to give you an idea of what the most likely resolution will be for your case and what to know before you file a medical malpractice lawsuit.
Talk to the Top-Rated Medical Malpractice Attorney in New York, NY About Your Case
When hiring an attorney to represent you, hire Attorney Steve Newman. Steve Newman is licensed to practice law in state and federal courts in New York and New Jersey. He has represented clients in all 50 states for over three decades and is committed to representing you and helping you win your medical malpractice case.
Practicing law in medical malpractice, personal injury, construction litigation, and more, Steve Newman has extensive resources and a network of board-certified physicians to analyze whether medical malpractice occurred.
Contact the Law Offices of Steve Newman today for a consultation and an attorney who will stand up for your rights.
