The Role Of A Medical Malpractice Attorney

Submitted By: Richard Romando

When a client files a claim for malpractice, it is the medical malpractice attorney’s job to secure him or her damages for the pain and suffering which resulted from a doctor’s negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state.

There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages. Compensatory damages serve to financially compensate victims of medical malpractice for their own financial losses or damages that may have resulted from the incident. The client may be entitled to compensation for a whole host of medical bills both past and future, including hospitalization, surgery or therapy. The client may also be compensated for pain or suffering resulting from the malpractice. This might include any deformity or disfigurement, as well as physical or mental impairment.

Punitive damages refer to money recovered to make an example of the doctor in question. These awards are not meant to compensate the victim, but more to punish the defendant and hopefully deter him or her (as well as the profession) from future misconduct. Punitive damages are more difficult to recover, as the malpractice attorney must prove obvious, reckless disregard for the safety of a patient. The doctor must have knowingly engaged in inappropriate dangerous behavior for punitive damages to be recovered.

Medical malpractice attorneys must be aware of the specific medical malpractice “statute of limitations” governing the state in which the incident occurred, before addressing each malpractice case. The statute of limitations refers to the length of time one can legally wait before filing a claim for medical malpractice. These lengths vary from state to state so it is important for both the client and the malpractice attorney to be aware of their individual state laws governing medical malpractice.

Oftentimes, in cases where malpractice attorneys are successful is producing compensatory and punitive damages for a client, malpractice payouts can reach into the millions or dollars, depending on how profound the suffering of the victim is determined to be. Obviously then it is in a victim’s best interest to procure a medical malpractice attorney who is well-versed in the malpractice laws of the state where he or she resides.

About the Author:

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Medical Malpractice: What To Look For In An Attorney

Submitted By: Jason Hanson

The concept of shopping for an attorney can seem foreign to many people, particularly those with little contact with the law. To many, the law seems an incomprehensible enigma filled with Latin jargon, a complex judicial system, and high stakes all around.

But, like all industries, the law, and in particular medical malpractice representation, is a commodity. And like all commodities there are a few high quality providers and a great many shabby ones. Unfortunately, finding a good medical malpractice attorney isn’t quite as a simple as finding a cheap price, rather, it’s a lot like finding a good car mechanic.

But at least with a car mechanic you can have some judge as to the quality of his work by whether your car runs at the end of the day. In medical malpractice litigation by contrast, you will never know if you got the best settlement or damages which you could have. So, the only recourse is to do your due diligence beforehand and do sufficient research to make sure that your attorney is decent.

Here are a few ground rules:

1. Experience matters

If your attorney is very young, then he is probably simply too young to be any good. Being a Plaintiff’s attorney (which is what you are asking him/her to be) is an extraordinarily difficult task which involves a lot of experience and know-how. While the defense typically has an army of young attorneys which are all capable in their aspect of the case, the Plaintiff’s typically have 2 or 3 attorneys which must run the whole case. So, if you meet an attorney who has been practicing for less than several years, do not hire him/her to head up your case.

2. Always well funded

A good Plaintiff’s attorney is always well funded. Most Plaintiff’s attorneys will offer to take your case on contingency (which means they get nothing if you don’t win). That also means, that your attorney needs to have enough money to fight a very long time for you. If the defendant recognizes that your Plaintiff’s attorney is short on cash, the Defendant will simply threaten to stretch out the case indefinitely, forcing your attorney to settle at a price much below what you could get otherwise. Verify this information by asking them what information they can provide you on the average length of the case, how much they expend, as well as intangibles like the appearance of the office.

3. Look for Summer Associates

A Summer Associate is a law student who works at a law firm during the summer. You may not know where the good firms are, but these students sure do. Summer associates are paid well, so this is a good indicator of a strong Plaintiff’s firm if they have a number of Summer Associates. Not every good Plaintiff’s attorney has these, however, so don’t scratch a firm off on this basis alone, just take it as one indicator.

4. Payment Arrangement

In any decent Medical Malpractice suit, the attorney will always ask to be paid on contingency. This means that the attorney will take a cut of your winnings. This percentage will vary on the size and type of case, but always remember that it is negotiable. If an attorney ever asks for you to put up money up front or pay hourly, then do not use him/her as your medical malpractice attorney. If you shop around and multiple attorney’s all tell you that they will only take your case on an hourly rate, you can rest assured that your case will be an uphill battle. It may be better just to drop it than fight it at all.

About the Author:

Jason Hanson recommends you contact the Law Firm of Richardson, Patrick, Westbrook, and Brickman if you need a medical malpractice attorney. Learn more at http://www.rpwb.com/medical_devices/.

The role of medical malpractice attorney

by RICHARD ROMANDO

When a client files a claim for malpractice, it is the medical malpractice attorney’s job to secure him or her damages for the pain and suffering which resulted from a doctor’s negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state.



There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages. Compensatory damages serve to financially compensate victims of medical malpractice for their own financial losses or damages that may have resulted from the incident. The client may be entitled to compensation for a whole host of medical bills both past and future, including hospitalization, surgery or therapy. The client may also be compensated for pain or suffering resulting from the malpractice. This might include any deformity or disfigurement, as well as physical or mental impairment.


Punitive damages refer to money recovered to make an example of the doctor in question. These awards are not meant to compensate the victim, but more to punish the defendant and hopefully deter him or her (as well as the profession) from future misconduct. Punitive damages are more difficult to recover, as the malpractice attorney must prove obvious, reckless disregard for the safety of a patient. The doctor must have knowingly engaged in inappropriate dangerous behavior for punitive damages to be recovered.


Medical malpractice attorneys must be aware of the specific medical malpractice "statute of limitations" governing the state in which the incident occurred, before addressing each malpractice case. The statute of limitations refers to the length of time one can legally wait before filing a claim for medical malpractice. These lengths vary from state to state so it is important for both the client and the malpractice attorney to be aware of their individual state laws governing medical malpractice.


Oftentimes, in cases where malpractice attorneys are successful is producing compensatory and punitive damages for a client, malpractice payouts can reach into the millions or dollars, depending on how profound the suffering of the victim is determined to be. Obviously then it is in a victim’s best interest to procure a medical malpractice attorney who is well-versed in the malpractice laws of the state where he or she resides.


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Characteristics of a Good Medical Malpractice Attorney

by Jon Arnold

Medical malpractice is a situation in which an individual claims that while they were under the care of a professional in a health-related field, they received improper care. Normally, this care resulted in further injury or, in many situations, death. It is an accusation that a professional was negligent in one form or another. If you are in a situation where you feel the need to file a medical malpractice claim, it is imperative to obtain an effective medical malpractice attorney to handle your case. In this article, you will learn some of the top characteristics of the best medical malpractice attorneys in the country.

Prior to engaging in a medical malpractice claim against a medical professional, there are just a few things that must be established. The first thing is that the professional took responsibility for your care. The second thing that you must establish is that the professional failed to provide care for you in a manner that is consistent with standard procedures that suited your medical needs.

Once you have established the above mentioned information, it is vital to provide proof that the professional's lack of care resulted in an injury, or further damage. It is important to ensure that you have proof of the injury that you are claiming to have sustained as a result of the negligence of the medical professional. If you are able to verify all of these components to the case, then you may continue your search for a medical malpractice attorney.

The first characteristic that you should ensure that a medical malpractice attorney has is an extensive educational background in medical malpractice. It is also important that you inquire as if to whether the medical malpractice attorney has ever had experience in dealing with the type of case that you are claiming. The unique combination of education and experience should prove to be the top determining factor when selecting a medical malpractice attorney to handle your case.

The second characteristic that the medical malpractice attorney must have is a standard pay scale. The attorney must be very comfortable when explaining their rates for the service that they will provide to you. Many medical malpractice attorneys have been known to say things like "If you don't get paid, I don't get paid", or "we will worry about that only if we lose...and we WON'T lose". You should be very cautious with individuals that express this regarding the fees regarding their service.

The medical malpractice lawyer should have an established pay scale, and be willing to discuss their fees openly and honestly with you. If they are not willing to do this, or keep putting you off, it would probably be in your best interest to resume your search of an appropriate attorney. Chances are, you will end up with further complications if you remain with a drifty medical malpractice attorney.

Like anything else in regard to fees, make sure you get it in writing! That way there can be no misunderstanding when it comes time to pay the malpractice attorney fees.

When searching for a medical malpractice attorney, it is essential that you make sure that you are at ease with the individual. You want someone that you can easily confide in, and that will empathizes with the experience that you have endured. You will also want someone who can communicate effectively with you when you meet with them. Good communication skills are essential when it comes to working a trial.

You may want to request information on the track record of the medical malpractice attorney that you are considering. It is imperative to know and understand what type of cases the attorney has handled in the past, their success rate, and even the circumstances surrounding their losses. You should openly discuss any concerns that you have with that individual to receive clarification on the issues.

As you can see, choosing a medical malpractice attorney can prove to be challenging. However, if you implement the steps that are outlined here, you are sure to find a dedicated professional who will work to ensure that you receive the compensation that you deserve.

About the Author
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