Questions to Ask Medical Malpractice Lawyers at the First Meeting
We’ve all experienced the relief of being treated by a competent and caring healthcare professional when we were sick or injured, but what happens when they’re not so competent? When a healthcare professional fails to meet the standard level of care, such as by misdiagnosing a condition or committing an error during surgery or when prescribing medication, it can result in significant harm to the patient. Known as medical malpractice, this unfortunate situation falls under the umbrella of personal injury law.
In some cases of medical malpractice, you might be eligible to receive financial compensation to help in your recovery. Because medical malpractice cases can be complex, it’s a good idea to work with a personal injury lawyer who specializes in these types of cases.
There are a number of medical malpractice lawyers in Oregon, so how do you know which one is right for your case? Our team of attorneys at Warren Allen LLP has put together a helpful list of questions to ask during your consultation to help you determine who can best represent you in your medical malpractice claim.
What to Bring to Your First Meeting
It’s always a good idea to be as organized as possible so your medical malpractice lawyer can effectively understand and assess the strength of your case. Before you set up a consultation, gather all the evidence you can access. This might include:
- Medical records
- The names of the healthcare providers involved
- The facility where you received care
- A list of potential witnesses who might be able to provide additional and relevant information
- Documentation that might support your claim, such as pictures, bills, notes, prescriptions, emails, and so on
To the best of your ability, try to write out a timeline of events. Be as specific as possible about dates, symptoms, treatment, medications, and complications.
Assess Their Experience with Medical Malpractice Cases
Before you meet with a medical malpractice attorney, it can be helpful to do some basic online research. For instance, make sure they are licensed in the state where the incident took place. Check for any online reviews on platforms like Google or Avvo, which is specific to legal information and reviews. Look for board certifications and any honors or affiliations that might indicate a specific expertise. For example, the Brain Injury Association of America maintains a list of attorneys who specialize in traumatic brain injury cases.
During your consultation, ask specific questions about their experience. How long have they practiced medical malpractice law? Have they ever handled cases with injuries or circumstances similar to your case?
Although not all cases go to court, ask whether they have any trial experience and what percentage of their caseload is dedicated to medical malpractice claims. A reputable medical malpractice attorney should also be able to provide references or testimonials from former clients.
Ask About Their Case Strategy
Once you have presented them with the evidence you have put together, you’ll want an honest assessment of your case. First, ask whether they believe you have a valid medical malpractice claim. Why or why not?
If they do think you have a case, ask how they would approach it. Are there weaknesses or challenges that might come up? What additional evidence is needed? Are there experts who could be consulted? Is there a statute of limitations for filing your particular type of claim?
In general, you want a medical malpractice attorney who takes a structured, professional approach to investigation. They should also be willing to explain legal or medical concepts to you in a way you can understand. Although it might be difficult to hear, you do want them to be transparent about obstacles or challenges you might face, especially when it comes to how the defendant might respond or try to discredit your claim.
Clarify Expected Outcomes and Timelines
One of the benefits of working with an experienced medical malpractice attorney is that they should be able to give you a good idea of expected outcomes and timelines, based on similar cases.
Ask important questions such as:
- Will you be handling my case personally, or will I be working with another attorney or paralegal?
- What kind of compensation might be reasonable in my case?
- Do you anticipate a settlement is likely, or do you expect to go to trial?
- How long does it normally take to resolve these types of cases?
- What are the steps involved in this legal process?
A trustworthy medical malpractice attorney should never guarantee you a specific outcome or amount of damages, but they should be able to explain what types of damages are realistic, including medical costs, loss of income, pain and suffering, loss of enjoyment of life, or expenses of long-term care. They should also be able to provide a basic timeline that takes into account delays you might expect.
Discuss Fees and Costs
Many personal injury lawyers in Oregon work on a contingency fee basis, which means you only have to pay them if you win your claim. Ask to see a written contingency fee agreement as well as an explanation of how litigation costs like filing fees, paying experts, and depositions are handled. Are there up-front costs or fees you will need to pay? What will you owe, if anything, if you lose the case?
Evaluate Their Communication Style and Accessibility
Above all, you need to feel respected and listened to and know that your attorney is accessible and responsive. Are they willing to answer your questions? How quickly do they respond to emails and phone calls? Do they have team members who can help you when they are unavailable?
Clear communication is vital. Establish the following up front:
- Who will be my point of contact during the case?
- How often do you plan to provide updates?
- Am I able to contact you directly?
It’s important to know that your medical malpractice attorney is professional, competent, and available to you throughout the entire legal process.
Experienced Medical Malpractice Lawyers in Oregon
If you have suffered from medical malpractice, you need a team behind you, working toward making things right. Warren Allen LLP has a team of experienced and compassionate medical malpractice lawyers in Oregon who can provide solid legal advice and exceptional service. Contact us today to schedule a consultation to see how we can help.