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Questions to ask a medical malpractice lawyer

These are the key questions to ask a medical malpractice lawyer when you first meet if you are considering hiring an attorney.

evident Editorial Team
November 28, 2023
Doctor with stethoscope

Medical malpractice cases can be complicated and often involve expert medical testimony. This also means that they can be tough to win, which is why having an experienced medical malpractice lawyer on your side is crucial.  

If you are considering whether to hire a medical malpractice attorney, you want to be sure to make the right choice for you. These questions can help you make that decision and are a useful starting point for your first conversation with a medical malpractice lawyer.  

Key Takeaways

Do you specialize in medical malpractice cases?

As mentioned, medical malpractice cases are complicated. It is not critical that the lawyer focuses exclusively on medical malpractice cases, but you are hiring them for their expertise. So even if their law practice includes other areas of law, it is important to understand how experienced the medical malpractice attorney is with cases like yours.

Is there a statute of limitations or any other time limit on my case?

A key issue in all medical malpractice cases is that you must bring your claim within a certain period of time from when your injury occurred (or was first discovered) based on the relevant statute of limitations in your state. It is crucial to understand what your time limits are, because even the strongest case could be worthless if you miss your window to act. An experienced medical malpractice lawyer can advise you on what time limits you need to be aware of.

How much does a medical malpractice lawyer charge?

As with hiring any lawyer, you should understand the potential costs at the outset. Medical malpractice lawyers generally work on a contingency basis. This means they do not require any money upfront and only get paid if your claim is successful.

All things considered, this can be a great deal and often can allow people to file claims they may not otherwise have been financially able to pursue. For more information check out our article on how much a medical malpractice lawyer costs.

How will we communicate?

Medical malpractice lawyers, like you, have different communication preferences. Some will prefer email while others might prefer speaking over the phone or by video. There is no right answer, and you should consider your own preferences between email, phone and video. But whatever the answer may be, it is important to know how to contact your medical malpractice lawyer if any issues or questions arise.

How often should I expect to hear from you?

Again, there is no right or wrong answer here. Some people only want to hear from their medical malpractice attorney if there is a major update or deadline approaching, while others prefer periodic check-ins. The key here is to make sure you are comfortable with your medical malpractice lawyer’s standard practices, and that at a minimum you know what to expect going into the representation.

What do you need from me?

If the conversation goes well and you hire the medical malpractice lawyer, you will need to sign a retainer agreement and address other formalities. More broadly, though, your medical malpractice attorney will also need your help in order to achieve the best possible outcome. So whether it is your assistance obtaining medical records or your availability for meetings, it is important to make sure you are also doing what you can to put your medical malpractice lawyer in a position to succeed.

The Bottom Line

There are numerous factors to consider when hiring any medical malpractice lawyer including fee structure, experience level, and your comfort level with the attorney. These questions should help you evaluate whether a medical malpractice lawyer is the right fit for you and what to expect if you choose to hire them.