How To Choose a Medical Malpractice Attorney

If you or a loved one suffered an unexpected injury at the hands of a medical professional, you might have grounds for a medical malpractice case. Your next step may be finding an attorney to evaluate your case and represent you. However, choosing a medical malpractice lawyer in Mobile, AL, can feel overwhelming.

This guide outlines factors to consider when selecting an experienced medical malpractice attorney. 

Understand the Importance of Choosing the Right Attorney

Why is it so important to spend time learning how to choose a medical malpractice lawyer? Can’t you hire any licensed attorney to represent you? 

There are several reasons why you should do your due diligence in this process:

  • Medical malpractice cases are complex. They require in-depth knowledge of medical and legal procedures. Your attorney should possess the requisite experience to navigate the intricacies of your case effectively. 
  • You need extensive evidence. Medical negligence cases can sometimes be challenging to prove. You’ll need extensive evidence showing that the medical professional breached their duty of care to you, causing your injury. Seasoned attorneys know how to collect evidence from several sources and build a strong case. 
  • These cases often require negotiation. Many medical malpractice cases settle out of court, but this involves negotiating with the insurance company for an acceptable settlement. An attorney with sharp negotiation skills can represent you in all relevant discussions. 
  • The right attorney increases your chances of success. Choosing an inexperienced lawyer, however well-intentioned they might be, could negatively impact your claim. 

With these points in mind, it’s time to start looking for the right medical malpractice attorney. 

Seek Referrals and Personal Recommendations 

The prospect of sorting through a list of all of the medical malpractice attorneys in your area can be daunting. It might help to start by seeking referrals from friends, family members, and even community groups. 

Personal recommendations from those who have navigated medical malpractice can help you feel more confident choosing an attorney. You can ask about the person’s experience with a particular lawyer and why they would recommend them to learn more about their background and style. 

If you can’t find anyone who has filed a medical malpractice case, you may be able to at least seek referrals for other types of attorneys, then ask those legal professionals whether they have recommendations for malpractice lawyers. If all else fails, you may want to look on the Alabama State Bar website and other trusted legal databases. 

Read Reviews and Perform Research 

While personal recommendations and referrals are often trustworthy, you can’t always rely on this information alone to choose a medical malpractice lawyer. You should also perform your own research to determine whether the legal professionals on your short list seem reputable. 

You may want to read reviews on platforms like Google and Avvo to learn more about other clients’ experiences with these attorneys. Also, visit their websites and learn more about their background, practice areas, and credentials. 

Verifying relevant case histories can help you get a better handle on your options. 

Ask the Right Questions About Their Experience and Style 

Consultations allow an attorney to learn more about you and determine whether you have a case. But they also give you the opportunity to learn more about a lawyer. When determining how to choose a medical malpractice lawyer, the consultation can provide you with key information.

Come into the meeting prepared with questions for the attorney. You may want to ask any of the following: 

  • How many medical malpractice cases have you represented?
  • What types of medical events have your malpractice cases centered on? 
  • What were the outcomes of past malpractice cases?
  • How will you build a strong case for me? 
  • What percentage of the malpractice cases you have represented have settled out of court? 
  • Do you have trial experience, and are you prepared to represent me in court if necessary? 
  • How many other cases are you currently handling? 
  • How do you prefer to communicate with clients about their cases? 
  • Do you work on a contingency fee basis or another fee structure? 

Don’t be afraid to jot their answers down during the consultation. You can compare notes from several meetings to narrow your options and choose an appropriate medical malpractice attorney. 

Make the Final Decision 

At this stage, you will have extensive information about several attorneys. It’s time to choose one who seems like the right fit for your case type, preferred communication style, and budget. 

Once you decide on your legal representation, they will likely have you sign an agreement laying out the terms of their representation, fees, and scope of work. Review this document closely and save a copy of it for your own reference. 

Jackson & Foster Law: Trusted Malpractice Attorneys in Mobile, AL

If you are wondering how to choose a medical malpractice lawyer in the Mobile, AL, area, consider that Jackson & Foster Law has nearly 40 years of experience representing clients in medical malpractice and other personal injury cases. 

Schedule a free consultation today by calling 251-433-6699 and learn more about suing for medical malpractice.

Common Types of Medical Negligence That Lead to Lawsuits 

Medical negligence can cause patients significant harm. When a healthcare provider fails to meet an accepted standard of care in this manner, it may constitute malpractice. Those facing negligent medical care should consult an experienced medical malpractice attorney in Mobile, AL, to learn more about their rights while pursuing compensation.  

Understanding the different types of medical negligence and how they can lead to major health and safety concerns for the patients involved is important. 

What Is Considered Malpractice? 

There are many things that must be proven to prevail in medical malpractice cases, and each case should be evaluated on its own facts to determine what needs to be proven. In some cases, to prove medical malpractice, one must provide, possibly amongst other things, evidence that a medical professional owed the patient a duty of care and violated this duty, directly harming the patient. In this context, the duty of care means that the physician is responsible for diagnosing or treating the patient. A violation of this duty means the physician acted out of line with what any professional in the field would reasonably do.  

The most common examples of medical negligence are:  

Misdiagnosis 

Many medical malpractice cases are related to misdiagnosis or delayed diagnosis. When a physician fails to recognize and diagnose a condition promptly or diagnoses it incorrectly, it may be considered a misdiagnosis. These errors may delay treatment or subject patients to the wrong forms of treatment, causing them serious harm. 

Conditions frequently facing misdiagnosis include cancer, heart issues, and infections. Chronic illnesses that affect the immune system and women’s health issues may also be misdiagnosed.  

When patients experience significant delays until they receive the proper treatment, it can lead to worsened health outcomes and a decreased chance of survival.  

Failure To Treat 

Sometimes, doctors correctly diagnose their patients but fail to provide appropriate treatment. Their faulty recommendations or inadequate treatment plans can lead to worsened disease progression, fewer treatment options, and worse outcomes overall.  

Surgical Errors 

Another reason for a malpractice suit is surgical mistakes. These can cause major health issues and wrongful deaths. Some examples of surgical errors may be: 

  • Operations on the wrong body part 
  • Incorrect procedures  
  • Leaving surgical instruments or contaminants inside the patient 
  • Procedures that cause unnecessary and excessive damage to surrounding tissues 

These mistakes may lead to major complications that require additional surgical intervention.  

Medication Mistakes 

Errors during medication administration may also be reasons for a medical malpractice lawsuit. Medication mistakes may involve: 

  • Prescribing the incorrect medication or dosage 
  • Improperly inventorying a patient’s current medication and failing to account for hazardous interactions 
  • Administration errors and unsafe practices 

Medication issues can have severe consequences and leave patients in jeopardy.  

Birth Injuries 

Traumatic births may be another reason for medical negligence cases. These situations can cause significant injury to the mother and child, leading to lifelong disability and even death in some cases. Some birth injuries may be due to: 

  • A failure to perform a C-section in a timely manner or unsafe practice during this intervention 
  • Failure to monitor the mother or fetus for distress 

Anesthesia Errors 

Anesthesia errors may involve the administration of too much or too little anesthesia drugs and a failure to monitor vital signs properly. 

Emergency Room Issues 

These may include:

  • Failing to recognize a stroke or heart attack 
  • Premature discharge of patients 
  • Missing the signs of a critical condition 
  • Failing to conduct the right tests 
  • Emergency medication mix-ups 

These dangerous situations can escalate an emergency further and may be grounds for medical negligence claims. 

Radiology Mistakes 

Mistakes in interpreting X-rays or other scans can cause doctors to miss diagnoses and suggest the wrong treatment plans. These errors are potentially dangerous and could serve as a basis for a malpractice lawsuit. 

When To Find Legal Help 

If you have experienced harm due to medical negligence, it is important to seek legal assistance as soon as possible. An experienced attorney can help victims of medical malpractice navigate insurance claims, collect evidence, and negotiate settlements.  

Working with an attorney can make it easier for malpractice victims to navigate the stressful aftermath of medical negligence and seek compensation for damages such as: 

  • Medical treatment expenses 
  • Pain and suffering
  • Mental anguish
  • Loss of wages 

Consult Jackson & Foster Law About Your Medical Negligence Case 

Jackson & Foster Law may be able to offer legal counsel to those who have experienced common types of medical negligence. Our experienced attorneys can assist you with filing claims against a physician or hospital and suing for medical malpractice. We can help you gather the necessary documents and evidence with the goal of pursuing fair compensation based on your damages.  

We aim to streamline the process of pursuing damages in the stressful aftermath of medical malpractice, reducing some of the burden and ensuring your claims are legally sound. 

Act quickly after experiencing medical negligence to avoid the statute of limitations running out. Call 251-433-6699 to schedule a consultation today.