This article serves as a reference tool for anyone in search of a medical malpractice attorney. By way of background, my wife, Cynthia Paddock Doroghazi, has written a book, Searching for the Open Door: A Woman's Struggle for Survival After a Traumatic Brain Injury. Her book chronicles how medical malpractice caused her traumatic brain injury (TBI), her physical recovery through intense rehabilitation, her return to graduate studies at the Johns Hopkins School of Advanced International Studies, and her spiritual awakening as a result of this entire process. In thinking about her malpractice lawsuit, it occurred to me that the concept of suing for malpractice, hiring a lawyer and going to trial is foreign to most people.
Because my own law practice has absolutely nothing to do with medical malpractice or personal injury - my practice being limited to representation of the United States - I am able to give unbiased advice. In other words, I have no economic agenda behind offering suggestions on how to hire an attorney to pursue those responsible for causing a brain injury or any other type of malpractice. The ability to hire a competent attorney to deal with insurance companies and/or those responsible for causing the injury is crucial because virtually no one will admit to fault and, insurance companies simply are not in the business of paying claims.
There are a number of specialty organizations, such as the American Association for Justice, which offer online directories of their membership. Most attorneys with significant personal injury practices are members of AAJ. However, bear in mind that most legal organizations are open to all attorneys, and membership means only that the attorney has paid the membership fee.
The same caveat applies to use of online directories. A number of commercial online directories claim to screen their attorneys, or claim to list only highly qualified attorneys. Most are not being completely forthright on this point. Regardless of their promises, most on-line directories will list any personal injury attorney who pays the required fee, and there is absolutely no guarantee that the listed attorneys are qualified to handle your case. Somewhat apart from this same issue are websites on the Internet which look informational, but in fact, are owned by law firms. Be very wary of any "injury information" site that lists law firms or offers lawyer referrals, particularly if it does not make obvious the identity of its sponsor.
Generally speaking, television and radio advertisements are also a very bad way to find a personal injury attorney. Many advertisements are paid for by referral agencies, which collect large numbers of calls and then divide them up between member attorneys. Even when the advertisements are paid for by a law firm, often many of the cases are simply referred out to other firms who share the enormous cost of advertising. Most of the time, the attorney with the big advertising campaign will not have an office near you. Unless your case is worth a lot of money, you may well find that you are quickly referred to a different firm or that you cannot get much attention for your case.
Your best bet for finding a competent malpractice attorney, is through something known as "referrals". Probably the best way to determine which personal injury attorney to retain is to consult with an attorney you trust. If you do not know any attorneys, ask your friends for names of attorneys they trust. It is important that they give you the name of an attorney who can handle your case, in other words an attorney who specializes in medical malpractice for this example. Many of the best personal injury attorneys do little or no advertising. They are referred by other attorneys, due to their reputation for doing good work and getting excellent results. You should also keep in mind that when it comes to retaining a malpractice attorney, bigger does not mean better. I cannot even begin to tell you how many times during my twenty-three years of developing cases for trial, attorneys from large firms have attempted to negotiate a settlement, saying that the case would ultimately be turned over to trial counsel in their firm if the case cannot be resolved without trial. In most cases, that trial counsel was just another attorney in a big firm representing the client. The actual attorney assigned the case had, at best, an incomplete comprehension of the very specialized practice area and could not provide the best representation for his/her client.
When you are seeking a personal injury attorney, recognize that most personal injury attorneys do not practice medical malpractice law. Just as you would seek a specialized doctor to provide a special type of medical care, the practice of medical malpractice law is very specialized and in retaining an attorney, it is almost always best to look for an attorney or law firm which has significant experience in that area of law.
Further, within the area of medical malpractice, certain law firms specialize in particular types of injuries or causes of action. There are personal injury law firms, which focus primarily on burn injuries, or brain and spinal cord injuries. There are personal injury firms, which concentrate primarily on car accidents, construction accidents, or litigation over defective products. You will benefit from asking whether a lawyer you consult has experience with your type of injury before you make your hiring decision, and do not hesitate to ask that lawyer for a list of previous case summaries that have the same or similar factual patterns as yours. Always keep in mind, however, that the attorney/client privilege generally precludes an attorney from furnishing references by name, but not by reference to similar or common facts to your specific case.
Personal injury attorneys almost always accept cases on a contingent fee basis. From your point of view, this means that if they win your case, they receive a percentage of the award as their fee. Conversely, if they lose your case, they do not receive an attorney fee. You do need to keep in mind that attorney fees are different from costs, and you may be responsible for certain costs associated with your case, such as the filing fee for your lawsuit, even if you lose. While this is rarely an issue, as most civil litigation settles short of trial, you should clarify the issue of costs with your attorney before signing any retainer agreement.
For a more thorough discussion on how to hire a malpractice attorney, and what questions you should be asking perspective attorneys, click on:
http://www.newriverpublications.com/Free_Articles_to_Download
To learn more about Cynthia Paddock Doroghazi, or read blurbs from notable authors like Jim Stovall and Francis Fukuyama, or a sample chapter from Searching for the Open Door: A Woman's Struggle for Survival After a Traumatic Brain Injury, go to: [http://www.newriverpublications.com/Searching_for_the_Open_Door]
To learn more about New River Publications, LLC and its mission to "give back" by donating both books and proceeds from the sale of books for charitable fundraisers, visit: http://www.newriverpublications.com
Copywright 2007 Stephen R. Doroghazi
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