I have written frequently about the steps you should take when selecting a new doctor or especially a surgeon. The new doctor or surgeon will be making decisions which can be matters of life and death for you. Choosing a medical malpractice lawyer is not a matter of life and death, but whom you choose for your lawyer can make a big difference in the quality of the experience and the success of the outcome.
Even under the best of circumstances, being the plaintiff in a medical malpractice case is stressful. The lawyers hired by the defendants will examine you and your life under a microscope. You will be asked intrusive questions, Your credibility may be called into question. The process may take years and you may have to testify in open court in front of a jury about very personal matters. Having a lawyer who does not take good care of you, who does not promptly return your calls, who does not prepare you for what you are going to face, just makes the whole process that much more difficult.
Here are some of the qualities you should look for in a lawyer, if you have a medical malpractice case:
- Experience
What experience does this lawyer have? How long has she/he been practicing? Does she/he claim to be skilled in handling many different types of cases or does she/he specialize in medical malpractice cases? the old adage “Jack of all trades, master of none” is definitely on point here. Medical malpractice cases are the most complicated cases in which an individual can be involved in the civil justice system. There are special rules that apply to malpractice cases that do not apply to other cases. The cases require great familiarity with medical terms and procedures. This is not an area for dabblers. Never hire a lawyer who does not have a great deal of experience in pursuing medical malpractice cases.
- Experts
Medical malpractice cases are heavily expert witness dependent. I have never been involved in a medical malpractice case that did not have multiple expert witnesses. I just settled a case in which the total number of experts on all sides was more than ten. If your attorney cannot find good experts to testify on your behalf, you will lose your case. Does the attorney you are considering have access to good expert witnesses? Does she/he know how to find good experts and how to present them?
- Trials
How many cases has this lawyer tried? You probably don’t want to go to trial. You certainly should not want to go to trial because bad things often happen to medical malpractice plaintiffs in trial. But trial is where you will go, if your case cannot be settled. The insurance companies know who tries cases and who caves in at the end. The insurance companies know who does a good job in trial and who is a bumbling idiot who is lucky to be able to find the courthouse. The best settlements go to the lawyers the insurance companies know can put on a good case and connect with the jury.
- Recognition
Talk is cheap and many lawyers claim to be excellent trial lawyers who will win your case for you. How do you know whether they are full of hot air or not? The best way to eliminate the hot air is to look for outside validation. Be careful though because there are lots of organizations with fancy sounding names that will certify a lawyer as outstanding in return for a few hundred dollars a year. Three reliable markers are the State Bar of Arizona’s certification process, the American College of Trial Lawyers (ACTL), and the American Board of Trial Advocates (ABOTA). Each of these organizations will admit or certify a lawyer only after the lawyer has tried cases and demonstrated skill and ethical behavior. A lawyer cannot just buy his/her way into these groups.
- Responsiveness
Is this attorney going to give your case the time and attention it deserves? Is the lawyer going to be responsive to you when you have questions. How is the staff to work with? Will the lawyer return your phone calls promptly? Will the attorney keep you up-to-date on what is happening with your case?
- Conclusion
I get calls from time to time from people who ask me to take over their malpractice cases. I always have to turn them down. By the time they call me, too many irrevocable decisions have been made. Records have been reviewed, the case has been filed, experts have been hired, the statute of limitations may have run. Any good malpractice attorney needs time in advance of filing the case to review the records, to consult with experts and to make decisions about whom to sue and on what theories.
Generally speaking, you are going to get only one chance to select the right malpractice attorney. Make it count.
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