Hiring the Right Medical Malpractice Attorney

If your or your loved one’s health condition has suffered under the care of a doctor, you may wonder if you are the victim of medical negligence. Our law firm is experienced with malpractice cases and we strive to fight to correct the injustices suffered by patients of negligent doctors.

Fighting to address your claims of malpractice is not easy. While you may deserve to receive financial compensation for the harm done to you by your doctor, these cases are notoriously complicated to prove. You need an attorney who knows how to prove these cases and who you can trust while you focus on yourself and your loved ones.

How do you know if you are partnering with the right attorney? The attorneys at Oshman & Mirisola have provided this article to help you find a medical malpractice attorney who can give your case the best chance of a successful judgment. Here are some of the topics covered in this article:

Hiring the Right Medical Malpractice Attorney

  1. How familiar is the attorney with the medical establishment?
  2. What kind of track record does the attorney have?
  3. Does the attorney provide services on a contingency basis?

How to Find the Right Medical Malpractice Attorney

  1. Is your attorney a plaintiff’s lawyer?
  2. Conduct a background check online, with the state bar association, and the state trial lawyer’s association.

Questions to Ask Your Medical Malpractice Attorneynext steps after a medical error

  1. Other basic questions to ask your prospective attorney.

Before moving forward with selecting an attorney, read on for more important information you will want to consider so that you hire the right attorney to represent your case.

Why select our firm? We understand that your case is about you. We also believe that you or your loved one placed tremendous trust in your doctor. And if your doctor’s treatment failed to heal your condition and if your health worsened, you may feel that you cannot trust your doctor. If you would like to talk further with an expert about your situation, call us at (800) 400-8182 for a confidential, no-cost consultation. For more information on our firm and the practice area for types of cases our firm handles and our useful FAQs page.

Hiring the Right Medical Malpractice Attorney

Medical malpractice is an epidemic as serious as any disease. The Journal of the American Medical Association (JAMA) reports that medical negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer. There are probably as many malpractice attorneys as there are cases. As a prospective plaintiff, it is important to find the right attorney for your case.

Did you know?

In 2012, over $3 billion was spent in medical malpractice payouts, averaging one payout every 43 minutes.

When you set out to hire a medical malpractice attorney, you are looking for a partner to help you take on two major societal forces: the legal system and the medical establishment. Both systems have their own set of rules. Since you’ll be contending with both of them at the same time, it is essential that your medical malpractice attorney has extensive knowledge of both.

The best way to ensure this is to look at past cases that your prospective attorney has worked on. A strong track record of successful malpractice cases, whether in the form of settlements or courtroom wins, is a good indicator that you have found the right partner to uphold your right to compensation.

In addition, it is usually a good idea to hire a medical malpractice attorney who works on a contingency basis. This means that they do not charge up-front for their services, and they only collect a fee if your malpractice case is successful. A contingency-based fee demonstrates your lawyer’s confidence in being able to win your case. It also indicates that they have sufficient resources to work on your case without needing to bill you in advance.

How to Find the Right Medical Malpractice Attorney

The first step in finding a medical malpractice attorney is seeking out a lawyer who specializes in representing injured patients. These attorneys are known as “plaintiff’s lawyers,” and their expertise will be different from those who specialize in defending healthcare providers.

Did you know?

In New York, medical malpractice claims must be filed within 2 ½ years from the date of the alleged negligent action or omission that caused the patient’s injury.

When you find a medical malpractice lawyer who seems like a good candidate, do some background research on them. An internet search under their name may reveal that they have written books, articles or blog posts on the topic of medical malpractice. This shows not only their level of knowledge on the topic, but also their level of concern and respect for communicating clearly to prospective clients (like you).

An internet search may also reveal whether the lawyer has a history of satisfied clients. Just bear in mind that sometimes clients may leave bad reviews if the attorney declined their case or did not win as much money as they believed they deserved.

Finally, New York residents can contact the New York State Bar Association to find out if a medical malpractice attorney is in good standing. You can also contact the American Association of Trial Lawyers or the New York Trial Lawyers’ Association to find out whether the lawyer is an active member, holds leadership roles, or has other distinctions that indicate a good reputation among their colleagues.

Questions to Ask Your Medical Malpractice Attorney

While research is important, perhaps the most crucial part of finding a good medical malpractice attorney is asking your own questions. Hiring a medical malpractice attorney is like committing to a partner in your long-term health, since the attorney will be the one who fights for your right to compensation needed for your recovery.

Here are other questions you should consider asking before you hire a medical malpractice lawyer:

  • How many of the attorney’s cases each year are devoted to medical malpractice?
  • How many of their medical malpractice cases go to trial, as opposed to settling out of court?
  • Does the attorney work on a contingency fee basis?
  • Can the attorney accommodate any special needs you might have?
  • How much time will the attorney himself/herself spend on your case, versus delegating work to the support staff?
  • What is the attorney’s opinion of how much compensation you are entitled to, and can the attorney provide a timeframe for resolving your case?
  • Is the attorney able to represent you even if your malpractice case took place outside of New York state?
  • Are there any “tort reform” laws limiting how much you might win in a medical malpractice lawsuit?
  • If the medical malpractice that harmed you took place several months or years ago, can the attorney still pursue a claim on your behalf?

The team of lawyers at Oshman & Mirisola specialize in winning fair compensation for medical malpractice victims in New York. To learn more about our firm’s track record and to receive a no-cost, no-obligation assessment of your case, contact us at (800) 400-8182. We are committed to helping victims like you get the financial resources needed to recover from the harm done to you by the medical establishment. We are prepared to fight on your behalf for a winning verdict—call us today.