Hiring a Malpractice Lawyer
By Aaron Larson
March, 2005
Contents
In addition to the general issues raised in hiring a personal injury lawyer, there are additional considerations which come into play when hiring a malpractice lawyer. These additional considerations are of particular concern in medical malpractice cases.
Determine the Lawyer's Expertise
There probably aren't any lawyers who offer services for all types of malpractice litigation, be it legal, medical, veterinary, accountant, psychotherapist, or some other form of professional negligence. Most malpractice lawyers focus on a particular type of malpractice case. Particularly within the field of medical malpractice, some malpractice lawyers focus exclusively upon a particular type of injury, such as birth injury cases. It is a very good idea to make sure that your malpractice lawyer has experience with the same type of case you present, and it can be helpful (particularly within the context of medical malpractice) if that lawyer or the law firm has experience with cases involving circumstances similar to your own.
Does the Lawyer Have an Established Practice?
The cost of litigating any personal injury case can be significant. The cost of litigating professional malpractice cases tends to be more costly, as proving a malpractice case tends to be more complicated, and the insurance providers for professional negligence cases tend to utilize highly qualified defense counsel.
In a medical malpractice case, it is unusual for a law firm to invest less than $25,000.00 in a case, and it is not unsual for a plaintiff's firm to incur costs in the six figures before a medical malpractice case is well-postured for trial or settlement. When you retain a malpractice firm, you want to be sure that you are working with an established firm which can bear those costs over the course of a year or two while your case progresses, and which will not try to develop your case "on the cheap".
Thus, it is beneficial to seek out an established law firm which has been providing representation for similar malpractice claims over a period of years. It is generally not in your best interest to retain a lawyer who dabbles in malpractice law, as such a lawyer is less likely to understand the defenses that can be brought to your case, is less likely to develop your case in the best possible manner, and may not have the resources to invest in your litigation.
Records Review
In a medical malpractice case, most lawyers will want to thoroughly review certain medical records, and perhaps your entire medical record, when they are assessing your case. Often the lawyer will perform the review in association with a legal nurse or physician consultant, who can inform the attorney about the relevant standards of care, whether those standards were violated in the care of the patient, and whether any violation can be said to have caused or contributed to an injury suffered by the patient. This type of review can be very involved. If possible, you should take a copy of your available medical records with you to your initial consultation with a malpractice lawyer.
Similarly, for cases of possible legal malpractice, the lawyer reviewing your case will benefit from reviewing any documentation you have pertaining to your case. The same principles apply in other professional negligence matters - including veterinary, accountant, and psychotherapist malpractice cases. If you have records, it will help your attorney assess your case if you provide copies.
As you may be consulting with more than one law firm, and as you may need to consult your records for your own needs, you should always make sure that you retain a copy of your records in your own file, so that you are not dependent upon a law firm to either return those records to you or to look things up for you. Also, law firms have been known to lose track of documents submitted by potential clients, so having your own copy can save you a lot of trouble in the event that a lawyer you consult loses part or all of the records you provide. (Obviously, the loss of your records by a lawyer should be weighed against using that lawyer in association with your legal case.)