Hiring an Oklahoma City Medical Malpractice Attorney – Avoid These Common Mistakes

Finding a suitable Oklahoma City medical malpractice attorney can greatly increase the likelihood of a favorable outcome in a lawsuit. The attorneys at Clark & Mitchell have identified some common mistakes that people make when hiring a medical malpractice attorney. To ensure a positive working experience and the best possible chances for obtaining a favorable case result, avoid the following errors while looking for an attorney:

Hiring a Legal Broker
Hiring the Only Lawyer You Know
Waiting Too Long
Letting Yourself Be Solicited
Buying Guarantees
Hiring a Lawyer without Adequate Experience or Qualifications
Not Understanding the Retainer
Listening to Ads
Hiring a Lawyer Who Is Too Busy
Being Impressed by Cut-Rate Percentages
Be Careful of Lawyers Who Run Down the Competition

Hiring a Legal Broker

Unfortunately, many of the lawyers who advertise on television, radio, or the Internet are really law brokers who refer cases to experienced lawyers for a portion of the fee. You may wind up incurring more fees and expenses by going through a broker who simply passes you on. To avoid this, ask the right questions when looking for an Oklahoma City medical malpractice attorney.

Hiring the Only Lawyer You Know

After a devastating injury or wrongful death, many families immediately hire the only lawyer they know serving their Oklahoma area, without investigating the experience of the medical malpractice attorney, or the results he or she has achieved in personal injury lawsuits. Families may be too angry, confused, or shocked to make a solid decision about retaining counsel in the first days or weeks after their loss. Retaining a lawyer requires investigation, research, and thought. If the attorney is truly a friend, he will refer a case he can't handle.

Waiting Too Long

Generally, there is a two-year statute of limitations in Oklahoma for medical malpractice suits. This means that from the time of death or injury, a case must be filed within two years. It does not mean the case has to be completed within two years. However, many hospitals and some physician groups claim to be state, city, or county entities. Under the Oklahoma Governmental Tort Claims Act, claims against state, county, or city facilities must be filed within one year in an Oklahoma court of law. An experienced malpractice attorney needs an adequate amount of time to obtain medical records, consult with experts, and conduct a thorough investigation before a suit can be filed. Also, memories of events can fade or tissue samples can be lost, so it's important to arrange a consultation with an Oklahoma City medical malpractice attorney as soon as possible.

Letting Yourself Be Solicited

Ethical lawyers do not approach injured people or their families to solicit their case. Competent, experienced attorneys do not need to prey on a family's grief or a person's disability.

Buying Guarantees

No attorney can guarantee an outcome or make a specific prediction of how much money a case is worth. Unfortunately, we have often witnessed one Oklahoma malpractice attorney “outbidding” another, in hopes that the client will believe their promises. Every case is unique and many factors drive the ultimate value of a settlement or verdict. The value of a case cannot be fully anticipated the day a lawyer is first consulted. You should reject any promise or prediction of a specific outcome.

Hiring a Lawyer without Adequate Experience or Qualifications

It is important to hire a lawyer who knows what constitutes medical malpractice and has the experience and skill to represent you in a personal injury case. Your case should not be the lawyer's learning experience. Ask the right questions and you can judge whether a lawyer has the ability to handle your case.

Not Understanding the Retainer

Ethical lawyers are regulated by bar association rules as to what services they can charge for. Make sure you understand how fees and expenses will be calculated. Our Oklahoma City medical malpractice firm recently reviewed a case in which the family's attorney was charging by the hour in addition to a percentage of any potential recovery. Unfortunately, the attorney billed for hours that he spent educating himself on the medical aspects of the case and the relevant laws in which he was not well versed.

Listening to Ads

A lawyer can advertise for and represent clients in any area of law. Oklahoma does not certify attorneys – including medical malpractice attorneys – by specialty, like doctors. There are a number of national organizations, however, that only admit the most skilled and experienced attorneys. The American Board of Trial Attorneys and the American College of Trial Lawyers have websites listing the best attorneys in the country. In addition, Martindale Hubble® publishes a directory which rates lawyers for their skill and experience. Best Lawyers in America also publishes a thorough list of skilled attorneys by state.

Hiring a Lawyer Who Is Too Busy

When you first come to an attorney's office, you should meet with the lawyer you want to interview, not a paralegal, and not a junior associate right out of law school. If the firm is going to assign your case to a young lawyer with little experience because they have too many cases and not enough time to give you the personal attention you deserve, you should probably talk to other attorneys. At Clark & Mitchell, serving Oklahoma City and surrounding areas, there is always a medical malpractice attorney ready to handle your case; contact our firm today.

Being Impressed By Cut-Rate Percentages

Some lawyers offer cut-rate contingency fees if the case is settled before suit to entice clients. In complex cases, pre-suit settlements are extremely rare. Trying to negotiate before suit is filed is frequently not only a waste of time, but gives defendants an opportunity to prepare a defense or possibly even alter medical records.

Be Careful Of Lawyers Who Run Down the Competition

At Clark & Mitchell, we will be happy to give you the names of other competent attorneys who practice in our field. We will also tell you if we believe another firm has inadequate expertise to handle your claim. We want you to be fully informed and pick the attorneys with whom you feel most comfortable.

Contact Us for Legal Representation

If you need a legal representative in the Oklahoma City area to handle your medical malpractice case, contact an attorney at Clark & Mitchell. Our firm has successfully represented medical malpractice victims in court for over 10 years.