How to Select a Lawyer for Your Malpractice Case

Written By: John McLeish
The most important part of any lawsuit is to find the best lawyer for your malpractice case. You could have all the evidence needed to win your medical malpractice claim, but without an experienced and skillful medical malpractice attorney, you may not receive the outcome you deserve. Medical malpractice cases are the most complex of all personal injury claims, and an inexperienced lawyer may not be able to guarantee a successful outcome. Take the time to find the best and most experienced lawyer for your lawsuit. The medical malpractice attorney you choose can mean the difference between winning or losing your case. Here are five criteria to select the best lawyer for your medical malpractice claim.

How to select a lawyer for your malpractice case

1. Medical Malpractice Case Experience

With so many different fields of law, hiring an attorney that does not have specific knowledge and experience in medical malpractice puts your case at risk. These are the most complex types of personal injury cases, and you need an attorney who is well versed in this specialty. Furthermore, not all personal injury attorneys are equipped to handle such cases. They may have dealt with – and may have even won many other forms of personal injury claims, but you want an attorney that has credibility and experience within medical malpractice law. A lawyer who is well-respected in the field will also come with many expert contacts that you may need to prove your case. Additionally, look for a medical malpractice attorney that works specifically for injured patients, and does not typically represent physicians.

2. In-Depth Knowledge of the Medical Field

As mentioned, medical malpractice claims are incredibly complex. You need an attorney that has significant medical knowledge to ensure the success of your case. Some medical malpractice attorneys have medical degrees, which can be extremely beneficial for your case. At the very least, a lawyer with in-depth knowledge of the medical field is certainly recommended. When you are looking to hire an attorney, you want to make sure that they understand the medical field and procedures well enough to recognize a doctor’s mistake.

3. Access to Medical Experts and Witness

Many Canadian doctors are members of the Canadian Medical Protective Association (CMPA). This provides them with support from doctors, nurses and other highly trained individuals who will defend their credibility in the event of a malpractice lawsuit. You need a lawyer on your side who can utilize their connections with experts as well. Additionally, your medical malpractice lawyer should have access to a medical witness. A witness is someone who will help translate medical terms to the judge and jury, so that they can have full understanding of the issue. Having a representative who is able to effectively communicate the standards of the medical field can help those that are not as knowledgeable with understanding the finer points of the case, and to make an educated decision in your favor.

4. Contingency Fee Instead of an Hourly Rate

Some lawyers charge an hourly rate, while others charge a contingency fee. The latter is certainly the better option. You are likely already dealing with significant financial stress, especially if your injury has resulted in a loss of income. Adding legal fees on top of that can be too much to bear. A contingency fee is the lawyer will take a percentage of the winnings of your case, and generally range between 20-50%. If the lawyer does not win your case, the lawyer does not charge you.

5. An Aggressive yet Compassionate Attorney

You want a medical malpractice attorney that is compassionate and understanding. You also want an attorney that is aggressive and will fight as hard as the CMPA will for the physicians. Medical malpractice cases can be lengthy, and you want an attorney that is driven and aggressive in their approach.

Finding the best medical malpractice lawyer for your claim is one of the most important factors that can determine the outcome of your case. Look for these 5 criteria to narrow down the attorneys you don’t want to hire, and you’ll be one step closer to winning your case.

John McLeish


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