Finding the right medical malpractice attorney after a medical misdiagnosis or a surgical error can make a big difference in the success of your case. Medical malpractice cases are among the most complex personal injury claims, often requiring detailed preparations, expert medical witness testimony, and a formidable opponent.
Doctors and healthcare facilities that have been sued for malpractice will have an entire legal team representing them. Their insurance company will likely be paying any settlement, and it, too, will have a tough defense team.
When choosing your medical malpractice lawyer, look for someone with a robust legal team who can put together your complicated case—someone tenacious enough to take on the legal defense of a hospital and an insurance company.
Where to Begin When Seeking a Medical Malpractice Attorney
Medical malpractice and misdiagnosis is a specialized field of personal injury law that requires the lawyer to be very familiar with the pertinent points of law and medical procedures. An experienced medical malpractice lawyer will know complicated medical terminology and have an understanding of how certain medical procedures are performed.
Not all lawyers who represent misdiagnosed patients and victims of medical error may be right for your case, however. Make sure to do your homework to narrow down your choices.
Ask these questions:
- Does the law firm focus on medical malpractice law?
- Does the medical malpractice attorney have a medical background, such as attending medical school?
- Does the firm’s website have information about the specialized qualifications of its medical malpractice team?
- Does the medical malpractice attorney have a record of successfully litigating medical malpractice cases?
You can find a lot of information from the state bar association where you live. It has records of all members and their standing, so you can verify that your lawyer is licensed to practice in the state and has not been disciplined.
The bar association may also help you find attorneys who are members of medical malpractice lawyer groups or those who have received special recognition from the bar in the medical malpractice field.
Look at online reviews from past clients, too. They can help you get a sense of what it will be like to work with this attorney and their team.
Looking For a Personal Injury Lawyer?
If you have been personally injured recently one of the best decisions you could make right now is to hire a personal injury lawyer. A lawyer will be able to go over your case details and provide the crucial steps you need to have a chance of winning your claim. Emroch and Kilduff is here to support you, reach out to us!
Narrowing Down Your Choices for a Medical Malpractice Attorney
Once you have a shortlist of lawyers near you, schedule a consultation with your top picks. Many medical malpractice law firms offer a free initial consultation to evaluate your case and determine whether they can represent you. Before your personal consultation, you may be able to find out a little bit more about the firm.
For example, their website may state how many of their cases are medical malpractice—some firms are generalists and accept all personal injury cases, while others prefer to focus solely on medical malpractice, misdiagnosis, and medication error cases.
A more specialized firm may have a greater depth of experience, which is invaluable if your case goes to trial.
Preparing for Your Consultation With a Lawyer
You should also be prepared before going to your initial consultation. Most lawyers limit initial consultations to either 30 or 60 minutes, so it’s important to have all the facts of your case ready for them to review.
Consider writing down questions you want to ask, such as:
- What percentage of your cases settle without going to trial?
- What is your fee structure, and how are fees paid?
- Will your firm cover the costs of a second medical opinion or expert witness testimony upfront?
- What is your policy on delegating legal work to an assistant or paralegal?
- How many cases like mine have you or your firm handled?
Besides being prepared with a list of questions to ask, you also need as much documentation as you can get.
Even if it seems unimportant to you, your lawyer may find it useful, so bring, if you have it:
- A Post-Treatment Journal: Log of symptoms that appeared after the failed treatment; account of how the procedure affected your daily life
- Medical Records: All records from the initial office visit through surgical reports and follow-up care
- Record of Who Performed Procedures: Names of physicians, nurse practitioners, anesthesiologists, and anyone else who treated you
- Prescription Drug Information: Medication names and dose log
- Insurance Information and Coverage: Details of all communication with your insurance company
- Medical Bills and Invoices: Records of paid and unpaid bills
- Record of Lost Wages: Log of time missed at work due to your condition
- Any Communication From the Defendant: All correspondence with the doctor, hospital, and their lawyers
It will also help to bring any mental health or therapist records. Even if they aren’t directly associated with your malpractice case, your therapist’s records indicate the effect of the misdiagnosis on your mental health.
If you haven’t started keeping a journal of the effects of the malpractice on your daily life, now is a good time to start. Specifically, log activities you can no longer do or how your condition has impacted your work and family life.
One caveat for a medical malpractice claim: if your medical care provider was a federal health care provider or you experienced malpractice at a federal health care center, then the provider, the facility, or both may be exempt from a medical malpractice lawsuit per the Federal Tort Claims Act.
However, an experienced medical malpractice attorney can provide the sound legal advice you need for these kinds of cases.
Were You a Victim of Medical Malpractice?
Medical malpractice can cover a lot of circumstances, from an incorrect diagnosis to an improperly performed surgical procedure.
If your medical condition worsened after treatment, if you suffered from a surgical error or oversight, or if you weren’t advised of a prescribed medication’s potential side effects, you may have the right to file a lawsuit against those who harmed you.
An experienced medical malpractice lawyer can review your unique circumstances and represent you in a court of law.