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How to Talk to a Lawyer About Medical Malpractice

How to Talk to a Lawyer About Medical Malpractice
May 19, 2025 | By Dempsey Kingsland Osteen | Read Time: 4 minutes | Medical Malpractice

Key Takeaways

  • Be honest and thorough – Your lawyer needs all the facts, even uncomfortable ones, to best represent you.
  • Ask questions freely – A good attorney will welcome your questions and provide clear, respectful answers.
  • Clarify the legal process – Understanding timelines and steps can ease stress and help you stay informed.

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.

Talking to a lawyer can feel intimidating, especially when you’re already overwhelmed.
But you deserve clarity, compassion, and answers. Let’s walk through it together—step by step. Contact us today to get started.
Contact Us Now
Contents hide
1 Key Takeaways
2 How to Choose a Malpractice Attorney
3 How to Talk to a Lawyer About Medical Malpractice
4 How Much Does a Malpractice Lawyer Cost?
4.1 You’ve been through enough already—reaching out shouldn’t be another burden. Fill out our form below – we’ll meet you with care, not pressure, and help you understand your options.
5 How Do You Know If You Have a Malpractice Lawsuit?
6 Recent Case Result: $1.5 Million Settlement – Medication Error Results in Brain Injury
7 Dempsey Kingsland & Osteen: Fighting for Victims of Medical Malpractice Since 1986
7.1 Where to find our Kansas City office:

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.

  • Prepare Your Medical History: Summarize your medical treatments in a brief, two-page document.
  • Collect Important Documents: Gather all relevant correspondence, medical records, and documents.
  • List Questions: Write down key questions to ask your lawyer about your case.
  • Define Your Goals: Decide what outcomes you are looking for from the lawyer.

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. 

See what our clients have to say about working with us:

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.

You’ve been through enough already—reaching out shouldn’t be another burden. Fill out our form below – we’ll meet you with care, not pressure, and help you understand your options.

  • Contact Us for a Consultation Schedule your free consultation.

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. 

Recent Case Result: $1.5 Million Settlement – Medication Error Results in Brain Injury

Our client, a 71-year-old woman, suffered permanent brain damage after receiving an excessive dose of heparin following hip surgery. Hospital staff failed to respond to clear signs of internal bleeding for over seven hours, leading to cardiopulmonary arrest and delayed resuscitation. Despite the hospital’s claims of full recovery, evidence showed lasting cognitive impairment. The case settled for $1.5 million.

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. 

The dedicated team at Dempsey Kingsland & Osteen are effective and compassionate advocates for victims of medical malpractice and their surviving loved ones.

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.

Reach Out to Us

Where to find our Kansas City office:

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