Patients have a right to receive medical treatment without being injured by the providers they have trusted with their health and safety.
The role of a doctor is to try to make the patient better, not worse. But, when a healthcare provider fails to live up to that standard, patients may be able to hold that healthcare provider liable by filing a lawsuit against them.
Understanding how to choose a good medical malpractice lawyer is a fundamental part of holding an at-fault doctor or hospital accountable for your injury.
Dempsey Kingsland & Osteen has been helping injured patients get the compensation they deserve since 1986. We understand our clients’ challenges and are here to help them regain their agency and power.
Tips for How to Choose a Good Medical Malpractice Lawyer
Statista reports that 34% of consumers used an online search or a lawyer’s website to find an attorney in 2020.
An online search allows you to find many different attorneys at once and narrow down the list of contenders using criteria that are important to you. There are a few things you can do to help you choose the attorney who is right for you.
Ask Questions
Asking questions is a great way to discover if the attorney is a good fit for you. Further, it can help ease your concerns about the legal process.
Most people have not worked with an attorney before, so they often don’t know what to expect. By talking openly with the lawyer and asking them questions, you can learn more about the legal process and how your case might proceed.
When meeting with a prospective lawyer, ask direct and thoughtful questions that reveal their experience, resources, and approach. Examples of questions to ask a medical malpractice lawyer include:
- How many medical malpractice cases have you handled in the past year?
- Have you taken any malpractice cases to trial? What were the results?
- Do you have access to medical experts who can support my case?
- What is your strategy for building a malpractice claim?
- Can you share examples of past settlements or verdicts?
These questions can help you better understand the lawyer’s capabilities and how well they align with the needs of your case. The right attorney should welcome your questions and provide honest, specific answers.
Understand How to Talk to a Medical Malpractice Lawyer
Communication is an important factor in how to choose a good medical malpractice lawyer. Understanding the information that’s most important to a legal professional can help make your first consultation more productive. You don’t need to have every medical record or know every legal term—focus on sharing your story and asking the right questions.
Be prepared to explain:
- What happened before, during, and after the medical event;
- What injuries or complications you or your loved one experienced;
- What treatments or diagnoses you have received since; and
- Why you suspect malpractice or negligence occurred.
A compassionate lawyer will listen carefully, ask follow-up questions, and help you feel heard and supported. At Dempsey Kingsland & Osteen, we understand how emotional and confusing this process can be. That’s why we prioritize client communication and clarity from the start.
Read Reviews
Reading online reviews is an excellent way to determine how past clients felt when interacting with the attorney.
Look through an attorney’s website to view testimonials and past case results to learn more about their track record.
While past results do not guarantee a specific outcome, they can help you see the types of cases and settlements an attorney or firm has handled successfully.
See If They Typically Handle Medical Malpractice Cases
Medical malpractice is a unique and complex area of the law. Finding an attorney who regularly handles medical malpractice cases and who knows how these cases proceed helps ensure you are receiving competent and effective legal representation.
Attorneys who handle a significant number of medical malpractice cases per year may have a streamlined process, have qualified experts they regularly work with, and are generally better equipped to take on these cases than general practitioners.
How Much Do Lawyers Charge for Medical Malpractice?
How much do lawyers charge for medical malpractice? Lawyers can use different fee structures to charge for handling medical malpractice claims. The three most common fee structures are flat, hourly, and contingency.
Under a flat fee structure, the lawyer charges the client a lump sum to handle some or all of the lawsuit. In most cases, the client does not pay filing fees or other administrative costs, but some attorneys may still charge for these routine expenses.
Lawyers who charge an hourly fee typically request that the client deposit a large sum upfront, which they deposit into a client trust account.
The lawyer then earns their fee on an hourly basis as they perform work on the case. When the account funds run out, the lawyer might ask the client to replenish the funds, or they will simply send out monthly bills that the client is responsible for paying.
Finally, contingency fee structures allow the client to not pay any upfront legal costs for the attorney to handle their case.
Instead, the lawyer receives a fixed percentage of the ultimate settlement or award that the lawyer wins on behalf of the client.
Under this arrangement, the attorney only receives payment for their services if they win the client’s case and the client receives compensation.
How Do You Know If You Have a Malpractice Case?
How do you know if you have a malpractice case? Under Missouri law, healthcare providers have a responsibility to use the degree of care, skill, and learning ordinarily exercised by a professional under the same or similar circumstances.
They may be liable for damages when they fail to meet this standard, and that failure causes a patient to die or suffer an injury.
The most reliable way to find out if you have a medical malpractice claim against a doctor, hospital, or other healthcare provider is to talk to an experienced attorney.
They can review your case, assess whether you have a claim against a provider, and explain how likely you are to receive compensation.
What Sets Top Medical Malpractice Lawyers Apart
Not all malpractice attorneys offer the same level of skill, resources, or personal attention. As you evaluate your options, look for these critical strengths that can make a real difference in the outcome of your case.
Access to Leading Medical Experts
Medical malpractice cases often hinge on expert testimony. To prove that a doctor or hospital fell below the accepted standard of care, your lawyer must work closely with qualified professionals who can analyze medical records, identify missteps, and explain them clearly to a jury.
At Dempsey Kingsland & Osteen, our team includes in-house medical consultants and a deep network of respected experts, providing us with a strong advantage when building complex medical cases. This access enables us to act quickly, avoid unnecessary delays, and present compelling evidence from the outset.
Proven Skills in Both Negotiation and Litigation
Many medical malpractice cases settle before trial, but achieving a fair settlement still requires strength at the bargaining table. Insurance companies typically evaluate your lawyer’s history and reputation when deciding how to proceed.
Our attorneys have successfully recovered tens of millions of dollars for our clients through both aggressive settlement negotiations and trial verdicts. With over 40 years of litigation experience, we prepare every case as if it will go before a jury. This reputation often pushes the other side to offer a better result, faster.
Clear Communication and Real Compassion
You deserve more than just legal knowledge. You deserve an advocate who listens, answers your questions, and treats you with respect.
Our attorneys are recognized for their accessibility and responsiveness throughout the legal process. We explain every step clearly, return calls promptly, and take the time to understand what your injury has truly cost you—physically, emotionally, and financially.
Clients often tell us that what set us apart wasn’t just the outcome, but how they felt working with us: heard, informed, and supported. That’s how we believe legal care should be delivered.
Dempsey Kingsland & Osteen: Hire a Kansas City Medical Malpractice Lawyer You Can Trust
Doctors and hospitals owe patients and their families an obligation to act reasonably and skillfully when they examine, diagnose, and treat patients.
When they fail to meet this duty, the results can be catastrophic or even deadly. Our Kansas City medical malpractice lawyer has decades of experience advocating for malpractice victims and their surviving family members and helping them pursue justice.
We have helped our clients secure tens of millions of dollars in compensation for malpractice injuries, and we are proud to be known as the premier medical malpractice law firm in Missouri.
One of our firm’s founding members, Robert Kingsland, has practiced law for 39 years and has been admitted to the American Board of Trial Advocates, whose membership is reserved for the top 5% of attorneys in the United States.
If you suffered an injury because of a hospital or healthcare provider’s mistake, contact us today to schedule a free consultation.
The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.
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