How to Choose a Medical Malpractice Attorney

Oct 07, 2014

Choosing an attorney can be difficult, especially when searching for the right medical malpractice attorney.   Medical malpractice occurs when a doctor or other healthcare provider causes injury to a patient through a negligent action or failure to take a medically appropriate action.  Many patients are uncomfortable asserting rights in these cases of malpractice and have questions about the process.  Medical malpractice attorneys in Ohio should be able to help answer those tough questions for you and help ease your mind during these troubled times.  Here are five big factors to look for when selecting an attorney to represent you in a medical malpractice suit.

  1. Does the attorney or firm focus their practice on medical malpractice or similar claims?  Do they have experience in personal injury? It is important that you find representation well versed in the relevant case law and familiar with the complex body of rules and regulations surrounding the medical malpractice field.  Do your research. Do they have a website with sufficient information on the types of medical malpractice you think you suffered? In order to get the best defense possible, you want to make sure that the attorney will have the necessary experience to understand the specific claims and skills to efficiently gather all the facts necessary to properly advocate for you. 
  2. Does the attorney have a track record of not only with the medical malpractice but also with your specific types of claims?  Medical malpractice encompasses a wide range of claims, from misdiagnosis to elder abuse.  With experience in specific claims, most attorneys should be able to efficiently evaluate whether or not a valid claim exists.  Each different type of medical malpractice requires a different showing of the standards of care.  For example, the standard of care for surgical errors differs greatly from the standard of care for nursing home abuse and negligence.   It is important to find attorneys who can bring years of experience to your specific claim. Gather more information by setting up a free consultation to ask about an attorney’s history with specific types of claims.
  3. When pursuing a medical malpractice claim, it is important to understand the costs associated.  Many attorneys will provide for the cost of the trial by working on a contingency fee basis.  This means that the attorney is paid his or her fee at the end of a successful trial or settlement, generally a percentage of the final settlement amount.  This also means the attorney is then responsible to pay all costs of litigation, save court costs, up front.  With this in mind, it is important that you select an attorney with a strong practice that will have the funds available for the proper case.  To learn more, you can ask about the firm size and the types of fees and types of payment expected from the firm. 
  4. An attorney is nothing if not his or her reputation.  Reputation among attorneys and among the insurance companies settling these suits is important.  Knowing the opposing counsel is one thing, understanding the negotiation skills of the other party and understanding the strategies employed for a victory are another.  The right attorney for you should be one who understands that personal relationships are important, and who will use his or her knowledge and relationships with people to advocate on your behalf.
  5. Personality is the last key factor.  Medical malpractice is a difficult case to bring, and those bringing suit will spend lots of time with the attorney, discussing personal matters like health history and the experiences that led you to file a medical malpractice claim.  Having an attorney who is personable and compassionate can make all the difference.  Your attorney is an advocate for you, and your specific claim.  The trial process can be long and arduous, so it is important to select the right person to represent you for the length of the process.

It is important not to rush a decision like selecting an attorney, however it is vital to remember that Ohio has a statute of limitations for medical malpractice claims.  This means you have a limited amount of time to bring a claim of medical malpractice against the physician or healthcare worker.  Most cases are one year from the date of the malpractice.  An Ohio medical malpractice attorney can help shed light on the specifics of your case, and help to get you the result you desire. 

If you or a loved one live in Ohio and have been victims of medical malpractice, you might need the counsel of an Ohio medical malpractice attorney. The lawyers of Agee Clymer Mitchell & Portman are here to assist any wronged patients in a medical malpractice lawsuit. Contact us today for a free consultation.

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Worker’s Comp Lawyers Columbus, Ohio - Agee Clymer

140 E. Town St. #1100
Columbus, OH 43215