Medical malpractice generally happens when a doctor, health care professional, or the hospital causes harm or an injury to a patient through omission or negligent act. Healthcare negligence can result because of errors in diagnosis, incorrect treatment or health management, and aftercare.

If you or anyone you know has been a victim of this kind of malpractice, seeking the legal help of a medical malpractice attorney is necessary.

Here, you’ll learn how to choose the best medical malpractice lawyer to handle your case. This way, you can seek justice and get properly compensated for your damages.

Ask Around or Get Referrals

For instance, if you have nerve damage from flu shot that results in paralysis of your right arm, untoward complications after surgery, or any other signs or results of medical negligence, hiring a medical malpractice lawyer is imperative. 

Generally, if you know somebody who had a medical malpractice case and got resolved successfully, you can ask who their lawyer was and include them on your list. By doing so, it’ll help you when it’s time to narrow down your options into a few strong candidates when choosing the best medical malpractice lawyer for you. 

Here are some important considerations when including referred lawyers to your list of options:

  • Check Biographical Information: You don’t have to search outside your home just to get referrals or find the best medical malpractice lawyers. You can search online anything that relates to lawyers and law firms. Find out if they’re specialized in medical malpractice by browsing their website. You’ll also find helpful information when you check on their ‘About Us’ page.
  • Confirm Membership: Determine if the lawyer is a bonafide member of respected associations or organizations of personal injury trial lawyers.
  • Read Online Reviews: If their case was unsuccessful, some previous clients rip a lawyer by leaving negative social media posts or comments on review sites.

Interview Your Prospective Medical Malpractice Lawyer

When hiring a personal injury lawyer, one crucial step you have to make is to ask the right questions or take the initial interview as a chance to evaluate your prospective attorney. While you can ask questions about the lawyer’s educational background, training, and certifications, the bulk of your line of questioning should be intended towards assessing professional experience. 

The legal expertise and experience of a personal injury lawyer make a big difference in the quick resolution of your case.

Check out some of these examples of interview questions you might want to ask your prospective lawyer:

  • Knowledge on Healthcare Technology: One example of this topic-related question is “With digital technology, how do you ensure, as a lawyer or legal representative, that digital medical records, which will serve as substantial evidence, won’t be altered or erased on the patient record system of the hospital or clinic?” 

An experienced lawyer would answer this question based on the standard legal protocols practiced in your state. That’s why choosing a lawyer who knows your state laws and practice in your local area is highly recommended.

  • Knowledge of Emerging Medical Issues: The world is struck by a deadly virus called coronavirus (COVID-19), and this pandemic has greatly affected the healthcare system. 

If you or your loved one was turned down by a hospital or medical care facility and got harmed or a family member died, you can file a personal injury or wrongful death claim. Surely, this emerging medical issue is new to medical malpractice lawyers, so a good sample question is, “How can you legally defend my case given all the restrictions and previous uncertainties in the treatment of coronavirus, which probably resulted in the wrongful death of my loved one?”.

Know Who Handles the Case

If you’re hiring from a big law firm, you have to confirm who’ll be handling your case if ever you’ll entrust them your medical malpractice case. 

Law firms have their own practices of delegating work to paralegals, clerks, administrative assistants, and junior lawyers. So, you might want to know the amount of work that’ll be personally done by the medical malpractice lawyer.

Determine Billing for Legal Fees

Before making a decision, you also have to inquire about the manner you’ll be billed by the lawyer. Medical malpractice lawyers are usually paid on a contingency fee basis, in which a percentage will be deducted from the awarded money. 

You also have to determine if the law firm will absorb upfront expenses, like expert witness fees, document preparation, and filing fees.


Hiring a medical malpractice lawyer to defend your rights and ensure that you’ll get the compensation you deserve can be quite challenging. But, knowing the steps to do would help you choose the best lawyer to handle your case. 

Getting referrals, interviewing your prospective lawyer, knowing who’ll handle your case, and knowing how you’ll be billed are essential steps for a successful outcome.

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