Malpractice Lawyers and Attorneys
Malpractice lawyers are hired to file suit in cases of dental malpractice as well as medical malpractice. When a patient has been harmed, injured or killed by a medical accident, they or their family typically consult a malpractice attorney to discuss the case and decide whether a medical or dental malpractice lawsuit is appropriate under the circumstances.
What Are Malpractice Attorneys?
These professionals are lawyers that specialize in dental and medical malpractice cases. Their legal practice might cover personal injury more broadly, including things like slip and fall or wrongful death in automobile accidents. Or the malpractice lawyers might specialize in just dental or medical malpractice.
What to Look For in Malpractice Lawyers
These tips will help you find an attorney that can assist you in your case.
- First, look for a lawyer that has malpractice lawsuits experience. This is important because of the complex nature of dental and medical malpractice. These cases are unlike other types of personal injury lawsuits, so you’ll want someone with expertise.
- Secondly, consider looking for malpractice attorneys with special knowledge of your type of case. There are many specific types of malpractice. These include emergency room errors, surgical errors such as leaving objects inside the patient, birth injuries to child or mother, anesthesia mistakes leading to permanent injury or death, failure to provide proper post-operative care, and dozens more.
The malpractice attorneys might do a better job if they have specific experience in cases similar to yours. Ask them to tell you about their experience and the success they have had in cases like yours.
Along these lines, it is important that they make use of experts in the field, usually retired physicians, who practiced the same medical specialty as the doctor or doctors you are filing the malpractice lawsuit against. For example, if you were injured during surgery, only a surgeon can provide the type of expertise you’ll need to build your case.
Where to Find a Malpractice Attorney
Responding to ads on television or the radio, or randomly choosing an attorney from the phone book is not the best way to locate the right malpractice lawyer for you.
Instead, ask for referrals from your friends or others that you know have used a malpractice attorney. Ask the person about their experience. When you’ve heard about 2-4 malpractice lawyers who did a good job for their client, consider meeting with them to discuss your case.
Sites like Angie’s List and others that provide firsthand reviews might also help. Any time you can use the input of others or can find pre-screened attorneys for your specific needs, your chances for success will be improved.
Malpractice Attorney Fees
Most malpractice lawyers operate on a contingency basis. In other words, they take your case without any upfront fees. They only make money if you win a financial settlement or judgment in the case.
This can actually benefit you because it reduces your risk. In addition, malpractice suits tend to be very complex and they take a long time for things like discovery, taking depositions and interviewing potential witnesses. If you had to pay the attorney by the hour for those services, your bill could would be very high before a settlement or judgment was reached.
In light of this fact, a typical contingency fee is 1/3 of any settlement or award plus fees. For example, if the lawsuit was settled for $500,000, the attorney would get 1/3 of that total, or $167,000. If the malpractice lawyers’ legal fees amounted to $50,000, that would be added to that sum for a total of $217,000. You would keep $283,000 from the settlement or award.
If you believe that you might have been the victim of dental or medical malpractice, it makes sense to explore your case and your options with a qualified attorney. Look for one who specializes in cases similar to yours for the best results.