Seeking medical care can be a daunting experience. No matter how much trust we place in doctors, there is often an unspoken concern that something will go wrong.
If something does go wrong, you need to know where to turn. A Connecticut medical malpractice attorney at The Flood Law Firm can review your case for free and advise you of your options for pursuing compensation.
Keep reading for more information on what you need in a medical malpractice lawyer, or find out how our team can help.
1. Experience Handling Medical Malpractice Claims
When you have any kind of legal matter, there is simply no substitute for experience. This is especially true in medical malpractice claims.
Medicine is a complicated field. Doctors and other providers put in years of study and training in order to practice. As a result, although patients may experience the adverse effects of a medical error, they are unlikely to know when and how malpractice occurs.
An experienced medical malpractice lawyer can investigate to determine if you have a case. Not all attorneys have the knowledge and resources to conduct the kind of in-depth investigations necessary to bring a successful claim.
When you consult prospective lawyers, it is important to ask questions that can give you a sense of the attorney’s experience with these challenging cases. These may include:
- What percentage of your practice is dedicated to medical malpractice?
- Do you regularly handle medical malpractice cases? If so, how often?
- How many medical malpractice cases have you handled in your career?
- Do other lawyers refer medical malpractice cases to you?
- How many medical malpractice cases have you won or successfully settled?
Some lawyers may claim that they “specialize” in medical malpractice. However, medical malpractice is not a speciality area recognized by the Connecticut Bar Association. Therefore, this is an advertising tactic rather than a true representation of relevant experience.
Rather than relying exclusively on what you might see online, it is important to connect with potential attorneys to gain an understanding of their experience handling medical malpractice claims.
2. Experience Handling Your Type of Medical Malpractice Claim
Another aspect of medical malpractice litigation that makes these cases so complex is the wide range of medical errors that can occur and the many ways patients can be affected. Establishing that the actions of a doctor or other provider fell below the standard of care requires advanced knowledge of what is expected of a practitioner in a given situation.
The type of advanced knowledge that is necessary to evaluate whether a healthcare provider failed to live up to the expected standard of care can only be acquired by years of exposure to a wide range of medical specialties including internal medicine, surgery, pathology, cancer diagnosis and treatment, and infectious disease – among many others.
So, in addition to experience with medical malpractice cases generally, it is also important to look for an attorney who is well-versed in the type of injury you sustained as a result of negligent medical care. The initial consultation is your chance to tell your story and ask the lawyer if he or she has handled cases involving similar circumstances, injuries, and damages.
3. A Winning Record in Medical Malpractice Claims
Medical malpractice cases are difficult to win. They involve complex injuries, complicated evidence, and a high burden of proof for plaintiffs. In addition, defendants such as doctors and hospitals (and their insurance carriers) have the money and resources to seriously challenge malpractice claims.
Given these challenges, it is of the utmost importance to consider a medical malpractice attorney’s record of success before making a decision. It is also important to know how many claims the lawyer settled compared to how many cases went to trial and ended in an award.
Although a settlement enables you to recover compensation without the uncertainty and stress of going to court, taking the case to trial might be the only way to get the full compensation you deserve. You need to know that the medical malpractice attorney is willing to go to court if necessary and able to represent you effectively.
4. Good Standing in the Legal Community
The attorney you hire needs to be ethical, honest, and committed to handling your case with integrity. You may be able to get a good sense of these qualities by meeting with the lawyer, but there are additional steps you can take to verify that the attorney maintains high standards of professionalism.
Peer recognition is a good way to find out how a medical malpractice lawyer is regarded by others in the legal profession. Some of the ways to assess the attorney’s reputation include:
- Checking the attorney’s listing on the Connecticut Bar Association website
- Reading reviews on Avvo and other legal directories to see what fellow lawyers have to say
- Checking peer reviews and ratings on Martindale-Hubbell
Perusing these sources can also help you assess the attorney’s experience with medical malpractice claims. Many lawyer profiles list organization memberships, leadership roles, and other types of professional involvement that indicate their standing in the realm of medical malpractice litigation.
5. Client Reviews
In addition to what other attorneys have to say, you need to know that the lawyer or law firm you are considering is well-regarded by clients as well. There are many ways to see what clients have to say, from reading testimonials on the firm’s website to searching online.
Look for reviews that specifically mention medical malpractice, as these will be the most relevant to what you need in an attorney. Also, read any negative reviews to see (a) any complaints raised by clients and (b) how the firm responds. Taking criticism seriously and seeking to make matters right shows that the law firm cares about its clients.
6. Reasonable and Transparent Fees
Contingency fees are the norm for personal injury claims. Nevertheless, it is important to confirm that you will be required to pay nothing upfront.
Medical malpractice cases are expensive to litigate. The costs associated with obtaining copies of medical records, court fees, and hiring expert witnesses all add up quickly. Reputable and experienced medical malpractice attorneys should never charge fees or expenses until the case is concluded – and only if a favorable result is achieved.
The fee agreement should explicitly identify when you will need to pay fees. It should also state how the attorney or law firm will be paid. This is usually a percentage of the recovery.
7. Case Support
Prosecuting medical malpractice claims requires a team effort. A law firm undertaking medical malpractice cases must have the necessary legal support staff and sufficient experienced attorneys to handle the review of the extensive medical records and imaging studies associated with such claims and to perform the detailed medical research necessary to support the claims of medical negligence.
In addition, a law firm undertaking medical malpractice litigation must be able to support the case financially by having the ability to retain the necessary qualified medical experts to support the claims of negligence and injury.
Contact a Connecticut Medical Malpractice Attorney Today
Those who have been injured or lost a loved one due to negligent medical care often feel like no one is on their side. Doctors, hospitals, and other providers are quick to cover their mistakes, and the likelihood of being fairly compensated for damages is remote without qualified legal support.
Every member of The Flood Law Firm is passionate about helping people take on big companies, institutions, and insurance carriers. We take far more cases to trial than other law firms in the area, enabling us to achieve life-changing recoveries for clients in medical malpractice claims and other complex cases. Our results speak for themselves.
Please contact The Flood Law Firm by calling (860) 346-2695 today for a free consultation. Our medical malpractice attorneys serve clients throughout Connecticut from offices in Middletown, Danbury, Bridgeport, and Waterbury.
