When looking for an attorney for medical malpractice, there are several considerations to remember. Today, we’ll discuss the important things to keep in mind when looking for the best firm to represent you.
Medical Malpractice Is All Too Common
A simple mistake in a diagnosis or during a medical procedure does not necessarily constitute malpractice. To rise to the level of malpractice, the healthcare professional must make a mistake that another competent practitioner would not make under similar circumstances.
Medical malpractice is more common than you probably think and is among the leading causes of death and disability worldwide. If you or a loved one sustained an injury due to medical malpractice, you may be able to pursue a claim.
Filing a claim helps hold doctors, hospitals, and other medical professionals accountable for their negligence. To learn more about your rights and a potential claim, please contact Dempsey Kingsland & Osteen.
Finding the Best Medical Malpractice Attorney
Hiring the best attorney for your malpractice case will directly impact your ability to recover full compensation for injuries. As you search for an attorney, keep these key considerations in mind.
Medical Malpractice Experience
Many firms have general personal injury experience, but a plaintiff’s firm with a documented background specifically in medical malpractice will likely be your strongest advocate. So it’s important to find an attorney with a long history of fighting for the rights of injured victims.
Medical malpractice law is too specialized to take a chance with an untested legal practitioner. The best firms routinely handle complex medical malpractice claims with high damages. Look for client reviews and past successful medical malpractice case results on their website and online.
Familiarity with the Medical Field
Medical malpractice often involves complicated medical and scientific concepts. Your attorney must understand medical terminology and be able to demonstrate how the medical professional’s actions led to your injuries. Your attorney must be able to use their experience to gather and present the most powerful evidence to prove your case.
Ideally, an experienced medical malpractice attorney will have medical professionals on staff who can help build your case from day one. Additionally, the firm you choose should have a network of top professionals ready to testify on your behalf. The testimony of these professionals will help prove a healthcare provider’s negligence.
Ability to Communicate
No matter how skilled your attorney is, poor communication can negatively impact your case outcome. If you cannot effectively communicate with your legal team, that’s a problem.
You must be comfortable with open and honest communication and be able to share personal information with your attorney.
Your attorney must also treat you respectfully, listen carefully to your situation, and seem interested in solving your problem. If you feel like just a number, that malpractice lawyer is likely not the best one to handle your case. You owe it to yourself to move on to the next firm on your list until you find one that is accessible and prides itself on personal service.
Resources to Take the Case to Trial
The overwhelming majority of medical malpractice cases settle out of court. Thus, your attorney must have experience negotiating with medical malpractice insurers. However, some cases do make it all the way to trial. So it is important that the opposition knows your law firm is not afraid to take the case to trial.
Therefore, the firm you choose should have a track record of litigation experience and the resources to take your case to trial if the insurer refuses to settle the case fairly.
A Fee Structure You Can Understand
Medical malpractice attorneys use a variety of fee structures. The common types of fee structures include the following:
- Contingency fees,
- Flat fees, and
- Hourly fees.
Many legal costs are involved in a medical malpractice case. These costs can include filing fees, expert witness fees, and attorney travel costs, to name only a few. Understanding how each firm you are considering handles costs and fees allows you to make a thoughtful comparison.
Referrals from Trusted Sources
A good starting point to get a referral is to contact attorneys you know. Even if they do not specialize in malpractice, lawyers you know and trust can help point you to colleagues with excellent reputations. They can direct you to individuals known for favorable outcomes with cases similar to yours.
Individuals in your network who have had to hire a medical malpractice attorney are also good referral sources. Friends, family, or co-workers may know of medical malpractice lawyers who have successfully handled cases. These discussions can be invaluable.
Do your research to find the best malpractice attorney for your case. If you’re in Kansas City, our attorneys at Dempsey Kingsland & Osteen can help.
What’s Required for a Successful Medical Malpractice Lawsuit?
Missouri law requires you to prove the following elements for a medical malpractice claim against a healthcare provider:
- Duty—The healthcare professional owed a duty of care to use a degree of skill ordinarily used by healthcare providers in similar circumstances;
- Breach—The healthcare professional’s conduct failed to meet the standard of care;
- Causation—You or a loved one suffered an injury caused by the healthcare professional’s failure to meet the standard of care; and
- Damages—You or a loved one incurred damages due to the healthcare professional’s actions.
You must prove each element for a successful claim against a hospital, doctor, nurse, or any healthcare professional. The most reliable way to determine if you have a claim is by speaking with an experienced malpractice attorney. They can evaluate your case.
Do You Need to Talk with a Medical Malpractice Attorney? Call Dempsey Kingsland & Osteen
Dempsey Kingsland & Osteen has built a reputation as Kansas City’s premier medical malpractice law firm. We didn’t achieve this distinction overnight.
Dempsey Kingsland & Osteen has dedicated over 40 years as a passionate advocate for malpractice victims and their families. With medical professionals on staff, we are better positioned than most firms to understand how medical negligence caused your injuries.
Our highly responsive legal team takes a client-first approach to each case. Because we work on a contingency basis, our interests align with yours. We seek full compensation for those who have suffered serious injuries due to a hospital or medical professional’s negligence.
Contact us today to schedule a free consultation.