When you trust a doctor with your health, you expect to receive the best care possible and for your well-being to be protected.
When doctors fail to live up to these standards, it can have devastating physical, emotional, and psychological consequences.
If you decide to talk to an attorney about medical malpractice you or a loved one experienced, preparing questions ahead of time can help direct the conversation and ensure your unique concerns are addressed. This article explores how to talk to a lawyer about medical malpractice.
Dempsey Kingsland & Osteen has built a reputation as the premier medical malpractice law firm in Kansas City thanks to our dedication, experience, and passion for advocating for malpractice victims and their families.
How to Choose a Malpractice Attorney
Choosing a medical malpractice attorney is a big step for those injured by negligent doctors. There are many ways to select an attorney to handle your case.
Conducting an online search is one way to choose a malpractice attorney in your area. You can also ask friends or family members if they have spoken to a medical malpractice attorney before and what their experience was.
How to Talk to a Lawyer About Medical Malpractice
When you communicate with a lawyer about what happened to you or your loved one, be as honest as possible.
If you can, bring important paperwork, such as relevant medical records, and write down critical dates or events ahead of time to help you remember them during your consultation.
This information can help the lawyer understand what happened and help them determine if they believe you have a claim.
It’s okay if you are nervous and hesitant to talk about details. If you are uncomfortable sharing certain information during the initial consultation, make sure to tell the attorney this so that they know there are more details they don’t know about yet. Remember, everything you tell them will be kept confidential.
How Much Does a Malpractice Lawyer Cost?
How much does a malpractice lawyer cost? Medical malpractice lawyers charge different amounts depending on the fee arrangements they use, the geographic area in which they practice, and their skill level in this area of the law.
Three common types of fee arrangements include:
- Flat fee—the lawyer charges a single payment to cover the cost of handling the case;
- Contingency fee—the lawyer does not charge the client any upfront legal fees and instead takes a percentage of the compensation they recover on behalf of the client; and
- Hourly fee—the lawyer charges the client an hourly rate for work performed on the case.
Because it is nearly impossible to anticipate the amount of work involved in handling a particular medical malpractice case, many lawyers take these cases on a contingency basis.
When you talk to a medical malpractice attorney, ask them about the fee arrangements their firm uses and how much they charge for their services.
How Do You Know If You Have a Malpractice Lawsuit?
How do you know if you have a malpractice lawsuit? Without talking to an experienced attorney, it can be challenging to determine if you have a medical malpractice claim against a doctor, hospital, or medical professional.
Under Missouri law, you must prove the following four elements to collect compensation for medical malpractice:
- The doctor owed you a duty of care to use a degree of skill and learning ordinarily exercised by health providers in similar circumstances;
- The doctor’s conduct did not meet the standard of care;
- You or your loved one suffered an injury because the doctor failed to meet their duty of care; and
- You or your loved one incurred damages.
You must prove every element to be able to hold the hospital or doctor liable for damages. A Missouri medical malpractice attorney can evaluate your case and determine if you have a claim against the medical provider responsible for your or your loved one’s injuries. An attorney can also help you meet important filing deadlines so that your right to seek compensation is protected.
Dempsey Kingsland & Osteen: Fighting for Victims of Medical Malpractice Since 1986
Medical malpractice can have devastating consequences, potentially causing catastrophic and debilitating injuries that forever change your life.
When doctors make mistakes that threaten or alter your life in significant ways, you need a strong advocate in your corner who can help you pursue justice and fight for the compensation you deserve.
Our firm has two medical professionals on staff who help our lawyers understand and characterize our clients’ injuries.
One of our firm’s founding attorneys, Leland Dempsey, has been practicing law for over 40 years and was named “Best of the Bar” in the field of medical malpractice.
If you or your loved one suffered injuries because a doctor or hospital made a mistake, contact us today to schedule a free consultation.