Questions To Ask When Choosing A Medical Malpractice Lawyer

Questions To Ask When Choosing A Medical Malpractice Lawyer

Joseph Conboy | May 19, 2025 | Medical Malpractice
Questions To Ask When Choosing A Medical Malpractice Lawyer
Questions To Ask When Choosing A Medical Malpractice Lawyer

Choosing the right medical malpractice lawyer can make all the difference in your case. These claims are complex and often involve deep knowledge of both the law and medical procedures. Asking the right questions before hiring a lawyer gives you the confidence to move forward with someone who can truly help.

Conboy Law Injury & Medical Malpractice Lawyers helps clients who’ve suffered due to medical errors and doctor’s negligence. Our team understands how difficult life becomes after medical malpractice occurs, especially when it leads to high medical bills, ongoing treatment, and emotional stress.

We focus on getting our clients the fair compensation they deserve while guiding them through the entire legal process. If you’re searching for the right medical malpractice attorney, it starts by asking smart questions, and knowing what answers to look for.

Understanding the Lawyer’s Experience

Before you trust someone with your case, it’s important to understand their background in medical malpractice law.

How Many Medical Malpractice Cases Have You Handled?

Not every malpractice lawyer handles these types of cases regularly. Ask the attorney how many medical malpractice claims they’ve taken on, not just how long they’ve practiced law. The number of cases gives you insight into their hands-on experience. A lawyer with more experience is more likely to recognize patterns, avoid mistakes, and guide you through the complex legal process more smoothly. Experienced medical malpractice attorneys are better equipped to build strong cases from the start.

What Types of Medical Malpractice Cases Do You Typically Handle?

Every case is different, and medical malpractice law covers a wide range—from surgical mistakes to birth injuries. Make sure the attorney has handled the specific type of malpractice you’re dealing with. Some focus on complex medical malpractice cases, while others may only handle straightforward claims. The more specific their background, the better they can understand your situation and represent you well.

Do You Have Experience With Cases Similar to Mine?

A lawyer may have worked on dozens of medical malpractice lawsuits, but not every case is the same. Ask if they’ve handled claims with facts like yours. If you’re dealing with errors by healthcare professionals in diagnosis or treatment, you’ll want someone with a similar win under their belt. A good medical malpractice attorney knows how to deal with details that matter—because small things often decide how a case ends.

Evaluating Their Track Record

Evaluating Their Track Record

Success matters. A strong record of results shows that a lawyer knows how to win.

What’s Your Success Rate in Medical Malpractice Cases?

Some malpractice attorneys handle many cases but settle most without going to court. Others may have more trial experience. Ask about their win rate, including both settlements and verdicts. A high success rate doesn’t guarantee a win, but it shows that the lawyer knows how to push for a fair settlement or fight in court when needed.

Can You Share Past Case Results or Settlements?

A medical malpractice law firm should be transparent about results. Ask if they can share details—without violating client privacy—about verdicts or settlements in cases like yours. This helps you see whether they’ve recovered fair amounts for medical malpractice victims. It’s a sign that the lawyer understands how to value damages like medical bills, lost income, and pain.

Do You Have Trial Experience?

While many medical malpractice claims settle before trial, some don’t. You’ll want a malpractice lawyer who’s comfortable going to court if needed. Ask how many trials they’ve taken to verdict. Trial experience shows confidence, and it often leads to better settlement offers because the other side knows the lawyer isn’t afraid of a courtroom.

Understanding Their Legal Strategy

Understanding Their Legal Strategy

It’s important to know how your case will be handled from the start to finish.

How Do You Approach Medical Malpractice Cases?

Each experienced medical malpractice attorney has a unique approach to building a case. Ask how they collect medical records, review facts, and prepare evidence. A clear, structured process shows they take each case seriously. A strong strategy improves your chance of winning and makes your legal journey easier to follow.

How Will You Prove Medical Negligence?

To win, your lawyer must prove medical malpractice by showing that healthcare providers failed to meet the standard of care. Ask how they’ll show this and what types of evidence they plan to use. Many attorneys rely on expert witnesses, timelines, and detailed review of medical records to support your case. A clear answer here is key.

What Challenges Do You Expect in My Case?

Honest lawyers won’t promise a win. Instead, they’ll talk about possible roadblocks, like proving causation, gathering expert support, or beating the statute of limitations. A smart lawyer prepares for problems early. Their ability to spot challenges and plan ahead will make a big difference in how your case unfolds.

Fees, Costs, and Communication

You need to know how much the case will cost and how often you’ll hear from your lawyer.

Do You Work on a Contingency Fee Basis?

Most malpractice attorneys work on a contingency fee basis, meaning they only get paid if you win. Make sure this is clearly stated. If you lose, you shouldn’t owe legal fees. Always ask what percentage they’ll take from any settlement or verdict and whether costs are taken out before or after their fee.

Will I Be Responsible for Any Costs If We Lose?

Even on contingency, there may be court costs, expert fees, or filing expenses. Ask if you’re expected to pay those if the case isn’t successful. A reliable medical malpractice law firm will explain the financial side clearly upfront and offer an initial consultation to walk you through the details.

How Often Will You Update Me on My Case?

Communication matters. You don’t want to be left in the dark. Ask how often you’ll get updates and who will contact you. Some law firms provide regular check-ins, while others only reach out when something big happens. Choose an attorney who respects your time and keeps you informed.

Support Team and Resources

Support Team and Resources

Behind every lawyer is a team and that matters just as much.

Will You Personally Handle My Case?

Some malpractice lawyers assign cases to junior staff. Ask if the lawyer you’re meeting will stay involved or if others will take over. Direct attention from the experienced attorney you hired can lead to better results and more trust throughout your legal journey.

Do You Have Access to Medical Experts?

Most medical malpractice cases require expert witnesses to explain where the mistake happened. Your lawyer should already have strong relationships with credible medical professionals who can review your case. Without this support, it’s hard to win. Having access to expert insight is crucial when building a strong claim.

How Many Cases Do You Handle at Once?

You want a lawyer who has time for you. If they take on too many cases at once, yours may not get the attention it deserves. Ask how many files they handle at one time. A busy malpractice attorney isn’t necessarily bad, but the balance must be right.

Red Flags to Watch Out For

  • Guarantees of Winning: No lawyer can promise success. It’s unethical and unrealistic.
  • Lack of Clear Answers: If a lawyer avoids your questions, be cautious.
  • Poor Communication: If they take too long to respond early on, it won’t get better later.
  • No Experience in Medical Malpractice: Not all personal injury cases are the same. You need someone with real experience in medical malpractice.
  • Hidden Fees: A trustworthy lawyer will clearly explain all legal fees upfront.

FAQs

An experienced medical malpractice lawyer has a deep understanding of both legal procedures and complex medical issues, which gives injured patients a much better chance of building a successful claim. While many lawyers can file a case, most medical malpractice lawyers have specialized knowledge that allows them to ask the right questions, use the right experts, and guide clients through every part of the process with skill and confidence.

Look for someone with a proven track record of helping injured patients, strong communication skills, and positive online reviews from past clients. It’s also smart to check if the lawyer is part of respected legal organizations that focus on medical malpractice law. These signs often point to a lawyer who takes their work seriously and has earned the respect of both clients and peers.

Only a qualified attorney can fully evaluate your legal claim, but most will assess the facts during an initial consultation. They’ll consider your medical records, how other healthcare professionals handled your treatment, and whether your outcome was caused by negligence. A lawyer with experience in medical malpractice can tell you quickly if your case has the evidence needed to move forward.

Strong legal representation is key during settlement negotiations, especially in cases involving large hospitals or insurance companies. A skilled lawyer knows how to prove damages, use expert testimony, and push back when the other side offers less than you deserve. Without a lawyer, many injured patients accept low settlements and never fully recover compensation for their pain and losses.

Yes. While the goal of any claim is to recover compensation, it’s also about pursuing justice for the harm done. A successful lawsuit can help cover medical costs, lost income, and emotional suffering, and it may also encourage better care from other healthcare professionals in the future. Taking legal action holds those at fault accountable and can lead to real change.

Contact Our Medical Malpractice Attorney for a Free Case Review

Contact Our Medical Malpractice Attorney for a Free Case Review

If you’re thinking about filing a claim, don’t wait. The sooner you speak to a lawyer, the better. At Conboy Law Injury & Medical Malpractice Lawyers, we know how complex these cases can be. That’s why we offer a free consultation to help you understand your rights.

Our team includes experienced medical malpractice attorneys who focus on holding healthcare providers accountable for harmful mistakes. We’ll review your medical records, assess your case, and explain every step in the legal process. We don’t charge unless we win and provide clear guidance throughout your legal journey.

Let us help you find the right attorney for your case. Call today to schedule your free case evaluation and take the first step toward justice.

Conboy Law - Chicago, IL

Address: 60 W Randolph St. 4th Floor Chicago, IL 60601

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