Choosing a Medical Malpractice Attorney: 4 Red Flags to Watch For


When you’re hiring a medical malpractice attorney, it’s important to be attuned to red flags. One of the most important allies in your fight to win a malpractice judgment is an experienced, ethical, and understanding attorney. Judges and juries today are harder than ever to convince. A malpractice lawyer should be rigorous in his or her efforts to determine the merit of your case, involve experts, and build the strongest argument possible. Here are a few red flags to look for when you’re working to find the Utah malpractice attorney that’s right for your case.
Limited exposure in the field

The nuances of medical malpractice law are significant. An attorney should have a specialization and a track record in the field before you entrust your case to them. Look for an attorney that is established and has a history of winning malpractice cases. If at all possible, look for examples where they handled cases that were similar in nature to yours. Past settlements will help give you the confidence that they can win your case. An attorney with little or no medical malpractice experience is rarely the right choice to handle your claim.

No experience in the courtroom

Medical malpractice cases often settle out of court. But it’s possible that the insurance company or the doctor will choose to go to trial. If that happens, it’s essential that you choose an attorney with successful courtroom experience litigating these types of cases. A lawyer who is comfortable in the courtroom will also be willing to fight for the best settlement for you, even if that means taking the case to court.

Not asking tough questions

During your initial meeting, forming a rapport with your attorney is important. You want to hire someone that is personable, competent, and easy to work with. At the same time, you want to ensure that they’re protecting your interests in the best way possible. Are they asking hard, detailed questions about what happened? Probing facts as to what happened, what individual healthcare professionals did or didn’t do, and how it’s really affected your life? While you shouldn’t feel interrogated, it’s important that you walk out of your initial meeting understanding how the attorney gathers information, structures a case, and plans to learn more about whether your situation is viable.

They’re not involving experts

In order to determine if a case has merit, a malpractice attorney should be getting copies of all your medical records and consulting with highly qualified experts. For example, if you’re considering filing suit on a case based on a birth injury, an attorney should be discussing your case with a consulting OBGYN and potentially pediatricians as well. Ask for a detailed consultation plan and how the attorney will build an argument around that.

Are you a Utah resident that is contemplating filing a medical malpractice claim? Contact Rasmussen and Miner today to arrange for a personalized, confidential consultation.