How Should I Select a Medical Malpractice Lawyer?

by | May 16, 2019 | Law attorney

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Finding the right medical malpractice lawyer in Michigan to pursue your medical malpractice lawsuit is an integral part of ensuring you receive the settlement you deserve.

By their very nature, medical malpractice cases are some of the most emotional law cases an individual can go through. After trusting that healthcare professionals would take care of them, the victims of malpractice are typically left confused about what happened to them and why it happened, accompanied by feelings of anger and betrayal.

These turbulent emotions can make handling a medical malpractice lawsuit on your own impossible.

Luckily, you don’t have to. Medical malpractice lawyers help get you through this difficult time and use their industry expertise to achieve the best possible settlement for you.

Which is why choosing the right one is incredibly important. Considering the following factors can help you select the right medical malpractice lawyer for your case.

1. Medical Knowledge

A lawyer who specializes in medical malpractice should have a working knowledge and understanding of medical issues, as they will need to read and interpret all medical records and reports involved in the case. They also must recognize any errors, mistakes, or inconsistencies in those records.

Your medical attorney should have the capacity to explain to you in layman’s terms what the physician did wrong and how they should have acted so you can understand the process.

While it may seem like a given that a medical attorney should have working medical knowledge, many individuals who are unfamiliar with the vast and various types of law practiced by lawyers simply assume that any lawyer can pursue any kind of case.

This couldn’t be further from the truth. Lawyers have specialties, and just as you wouldn’t hire a pediatrician to treat your dog, it is vital you work with lawyers specializing in medical malpractice to pursue your malpractice case.

2. Experience

Another critical factor in selecting a medical malpractice attorney is considering their expertise in medical malpractice.

Ask potential attorneys what percentage of their cases involve medical malpractice and what their track record of verdicts in cases about your specific injury looks like. While, for obvious reasons, your prospective advocate will not provide you with specific details of a prior case, the lawyer should be able to tell you what they did and how they worked to ensure that their client’s claim was awarded the appropriate damages.

Additionally, some medical malpractice attorneys represent both doctors and patients. Others specialize in representing doctors and healthcare providers. Patients should find an attorney who represents patients and feels strongly about patient’s rights and advocacy.

3. Personable

Your comfort level with your attorney is significant, as you will be working together throughout your case and need to have a trusting relationship.
Before choosing a lawyer, ensure they are personable and that you feel at ease around them by conducting an interview and going through a list of questions about their firm.

4. Expert Witnesses

When you file a medical malpractice case in Michigan, you are also required to submit an Affidavit of Merit that is signed by a healthcare professional. The signing professional you choose must meet the requirements set out in legislation 600.2169. Also, you may also need to have these professionals appear as expert witnesses during court proceedings.

Your medical malpractice attorney should have working relationships with healthcare professionals who meet the mandatory requirements and have the knowledge and experience necessary to help your case.

5. Fee Structure

Most medical malpractice attorneys use a contingency fee structure. This means that instead of enforcing a regular fee or asking for a retainer the attorney takes a percentage of the settlement. If your case fails, the lawyer does not earn a fee.

While this is standard, always be sure to ask a potential medical attorney about their fee structure to get a better idea what and when you will be required to pay.

The Takeaway

Though finding a medical malpractice lawyer takes a little bit of time to research, the settlement you achieve from working with the right medical attorney for your case is well worth the effort