What To Ask Medical Malpractice Lawyers

What do you ask medical malpractice lawyers when you have been injured by a medical provider and you are trying to find the right lawyer? Here are several suggestions.

First, you need to find a lawyer who is experienced, knowledgeable, and willing to actually try a case in court. Next, you want a lawyer who will be honest with you. Finally, you need to know how much the lawyer will charge and how expenses associated with the case will be paid.

Experience & Knowledge

Medical malpractice lawsuits are complex, but jurors who decide the cases are not medical experts. They are lay people. You need a lawyer who is knowledgeable and understands medical treatment and who can explain the treatment in normal, easy to understand terms.

If you have researched your medical problem, you may ask the lawyer about your medical problem to see how familiar he/she is with it. Does the lawyer understand why you feel that there may have been malpractice? Can the lawyer explain other potential causes for your medical problem? Has the lawyer handled other cases involving your medical problem or similar medical problems?

Willingness To Try A Case

This aspect may seem silly. All lawyers try cases don’t they? Actually, the answer is no! Some lawyers give a good talk, but they really do not try court cases. Instead, they do everything that they can to settle lawsuits. The reason that this is important is that when a lawyer will not try cases, insurance companies know it, and will give low ball offers knowing that the lawyer will accept a low offer rather than go to court.

When talking with medical malpractice lawyers, ask them questions like: How many medical malpractice cases have your tried in court? When was the last time you tried a medical malpractice case in court? How long does a malpractice trial last? Whatever you ask, you are looking to make sure that the lawyer will, in fact, “go to court”.


Despite all of the lawyer jokes, most lawyers are honest. But there are some who will misrepresent facts to get what they want. You need a lawyer who is honest with you when trying to get your business and who is honest with you as your case progresses.

One of the easiest questions is to ask how much your medical malpractice case is worth. If the lawyer gives you some fairly specific dollar amount or a small range of dollars, the lawyer may be less than honest. At the beginning, no one can really tell what your case is worth because so much depends on the facts of your case (the facts in every case are different), and, at the beginning, the lawyer doesn’t know all of the facts. An honest lawyer will tell you that he/she just cannot say at the beginning what your case is worth. In fact, the lawyer will probably tell you that first, the lawyer must make sure that you do have a case.

Lawyer Fees And Costs

When talking with medical malpractice lawyers, be sure to ask them how much they charge, what costs there will be, and when are the fees and costs paid. You need a clear understanding of the dollar amounts that you will be expected to pay.

Most medical malpractice lawyers charge a percentage of the amount of money damages that they recover for you. Generally, the percentage ranges from 33 1/3% to 50%. This means that if the lawyer recovers a $100,000.00 for you, the lawyer will be paid between $33,333.33 and $50,000.00. It also means that if the lawyer does not recover any money damages for you, the lawyer earns nothing – $0.00.

In pursuing every lawsuit, there are expenses and medical malpractice lawsuits are among the most expensive type of suits. Often, a lawyer will front the expense money and then be reimbursed when the case is completed. The expense money is in addition to the attorney fee and not a part it. Many medical malpractice lawyers will not seek reimbursement of the expense money if they do not recover money damages. So, the case is essentially free to clients when the lawyer does not win the case.

The above is general information only. If you have any questions, talk with a lawyer licensed in your state.

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