What Kind Of Lawyer To Hire In A Case Of Medical Malpractice

What Kind Of Lawyer To Hire In A Case Of Medical Malpractice

Though there are many factors in​ choosing a​ good attorney in​ a​ medical malpractice case,​ one of​ the​ trickiest is​ whether to​ choose a​ lawyer who works on​ contingency,​ that is,​ on​ contingency of​ a​ recover,​ or​ one who charges by work on​ an​ hourly basis.
In medical malpractice cases,​ people are probably most familiar with a​ lawyer who works on​ a​ contingency basis. as​ he will describe it​ to​ you,​ this means he doesn’t get paid unless you actually collect a​ judgment or​ settlement.

Though this is​ an​ attractive option to​ those strapped for cash,​ it​ should be noted that such an​ attorney is​ highly motivated to​ make a​ settlement as​ large as​ possible and may make decisions that will be in​ his best interest rather than yours. For instance,​ you’re interested in​ suing the​ doctor who failed to​ set your leg properly. Your contingency fee lawyer however may look at​ the​ doctor who is​ just out of​ medical school,​ swamped in​ educational debt,​ and who owns about 0% of​ the​ practice and wonder what’s really in​ it​ for him.

What happens next,​ is​ the​ lawyer starts asking about the​ accident. So you slipped on​ the​ banana peel in​ the​ parking lot of​ the​ major deep-pocketed superstore? Well,​ why didn’t you say so!

And the​ next thing you know,​ you’re suing a​ multi-national corporation for millions of​ dollars of​ which your lawyer is​ taking a​ “customary” 90 percent.

These are the​ lawyers you’ll find advertised on​ TV and in​ your local yellow pages,​ usually on​ the​ back cover,​ and in​ full-page,​ full-color ads on​ the​ inside. They’re generously lathered with sympathetic platitudes about your pain and suffering and how they only want to​ “help.”

A simple word of​ advice here is​ that if​ you can only afford to​ sue on​ a​ contingency basis,​ call around and find a​ lawyer who will do it​ for less than half of​ the​ settlement or​ judgment. This is​ more than reasonable and should help you weed out the​ real parasites. Also make sure that the​ attorney in​ question doesn’t express an​ interest in​ going after parties other than the​ one that caused you grief. Remember,​ it​ was the​ doctor who set your leg improperly,​ which led to​ complications,​ which led to​ surgery,​ etc.
Ideally,​ and if​ you can afford it,​ it​ is​ definitely best to​ hire your malpractice attorney the​ same way you’d hire an​ attorney on​ any other basis,​ and that’s hourly. Yes,​ this runs into quite a​ bit of​ cash at​ first,​ but you’ll have to​ keep the​ lawyer on​ less of​ a​ leash,​ and you’ll be able to​ trust his advice a​ little more easily as​ you won’t constantly be wondering if​ his advice is​ in​ your best interest or​ his.

Overall,​ a​ hourly-paid lawyer is​ probably going to​ be more trustworthy than his contingency-fee counterpart (though that doesn’t mean you don’t look over those billing records with the​ proverbial fine toothed comb!) and you’re less likely to​ be dragged into quixotic legal forays with a​ cash-hungry shyster.

On the​ other hand,​ if​ it’s the​ only affordable solution,​ shop around for a​ contingency-fee lawyer,​ making sure the​ one you choose is​ taking less than 50 percent and is​ willing to​ focus on​ the​ party that actually caused you the​ pain and suffering,​ not an​ oblivious third party with deep pockets. Under these conditions,​ you should do fine.

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