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Choosing a Lawyer
How Do I Choose a Medical Malpractice Lawyer
Choosing a medical malpractice lawyer is one of the most critical decisions you will make following a medical injury. Unlike a standard car accident claim, medical malpractice cases are notoriously complex, expensive to litigate, and vigorously defended by insurance companies with deep pockets.
To find the right advocate, you need more than just a “good” lawyer; you need a specialist with a specific toolkit. Here is a comprehensive guide on how to evaluate and choose a medical malpractice attorney who can successfully navigate these high-stakes waters.
1. Look for a True Specialist
Medical malpractice is a niche within personal injury law. Many general practice firms take on these cases, but the learning curve is steep. You should prioritize attorneys who dedicate their practice to medical negligence.
Why Specialization Matters
- Medical Literacy: A specialist can read medical records, such as a surgical report or an electronic health record (EHR), and spot inconsistencies that a generalist might miss.
- Standard of Care Knowledge: They understand the “Standard of Care”—the legal benchmark for what a competent professional should have done in your specific situation.
- Procedural Expertise: Maryland has unique “pre-suit” requirements, such as filing an “Affidavit of Merit” from a doctor before you can even step into a courtroom. A specialist will know these deadlines and requirements.
Keeping specialization in mind is very important as you choose a medical malpractice lawyer.
The Kopec Law Firm is Baltimore’s 100% medical malpractice law firm. Other lawyers add some medical malpractice into their personal injury practice and spend a lot of time on matters like car accidents and workers compensation. When you call Attorney Mark Kopec, you know that you will be speaking with a lawyer who delas exclusively with medical malpractice matters every day.
2. Evaluate Their Financial Resources
Medical malpractice lawsuits are expensive to build. A single case can require over $100,000 in upfront costs for expert witnesses, medical record retrieval, and depositions.
When choosing a lawyer, ensure the firm has the financial “staying power” to fund your case through to the end. If a firm is struggling financially, they may feel pressured to accept a lowball settlement early on just to recoup their costs. Ask directly: “Does your firm have the resources to front all litigation costs, and what happens if we lose?”
At the Kopec Law Firm, we bring in litigation partners to pursue the litigation in court. In each instance, their decades of success in medical malpractice cases have resulted in well-funded firms that will go the distance for you and your case.
3. The Power of Their Expert Network
In Maryland, you cannot win a malpractice case without the testimony of a medical expert. The strength of your lawyer is often only as good as the strength of their experts.
Top-tier malpractice attorneys have spent years building relationships with world-class physicians, surgeons, and nurses who are willing to review cases and testify. During your consultation, ask:
- How do you find your medical experts?
- Do you have experts in [your specific injury area, e.g., oncology or neurosurgery] that you have worked with before?
Through decades of experience in medical malpractice cases, Attorney Mark Kopec and his litigation partners have established contacts with medical expert witnesses in every area needed for a case. When you call for your free consultation, Attorney Mark Kopec can discuss with you the experts needed for your particular case.
4. Analyze Their “Battle Records” (Trial Experience)
Most medical malpractice cases settle, but the best settlements go to the lawyers who are willing to go to trial. Insurance companies keep “books” on plaintiffs’ attorneys; they know which lawyers settle every case for pennies on the dollar and which ones are willing to face a jury.
Don’t just look for “years of experience.” Look for verdicts. A lawyer with a history of winning multi-million-dollar jury verdicts carries significant leverage at the negotiating table. Looking at results is an important part as you choose a medical malpractice lawyer.
You can review sample verdicts where we have gone to trial and won for our clients. See the Our Results page.
5. Understand the Fee Structure
Most medical malpractice lawyers work on a contingency fee basis, meaning they only get paid if you win. However, you must read the fine print regarding “costs” versus “fees.”
| Feature | Description |
| Attorney Fee | Usually, 40% to 45% of the final recovery. |
| Litigation Costs | Expenses for expert witnesses, filing fees, and transcripts. |
The Gold Standard: Look for a firm that agrees to “advance” all costs and waives those costs if the case is unsuccessful. You should never have to pay out-of-pocket for a case you lose.
You can be assured that all of your questions will be answered so that you are comfortable and have a complete understanding of the financial arrangements of your case.
6. Transparency and “Bedside Manner” – How to Choose a Medical Malpractice Lawyer
While legal skill is paramount, you are entering into a relationship that will likely last multiple years. You need a lawyer who is both a “shark” in the courtroom and a human being in the office.
Red Flags to Watch For:
- The “Yes Man”: If a lawyer promises you a specific dollar amount or guarantees a win in the first meeting, walk away. No honest lawyer can guarantee an outcome in medical malpractice.
- Lack of Communication: If you can’t get the actual attorney on the phone during the hiring phase, you likely won’t be able to reach them during the litigation phase.
- High Case Volume: If a lawyer is handling 50+ malpractice cases personally, they cannot give yours the “deep dive” attention it requires.
At the Kopec Law Firm, you speak with Attorney Mark Kopec from the moment you call. He understands the trauma of medical malpractice and has counseled thousands of victims of poor medical outcomes. When you call other firms, your consultation is most often with a paralegal. This is someone who did not go to law school. They will make the decisions about whether you have a case.
Conversely, here, Attorney Mark Kopec will conduct your free consultation. He will assess the facts and conduct the research to determine if there is a potential medical malpractice claim. Once he determines there is, you continue with one of his well-qualified litigation partners who has experiences in the type of claim and in the jurisdiction in which the claim will be pursued.
7. Essential Questions for Your First Meeting – How to Choose a Medical Malpractice Lawyer
Prepare a list of questions to vet the attorney’s suitability for your specific case:
- “How many cases like mine (e.g., misdiagnosis, birth injury) have you handled?”
- “Who will be the primary attorney working on my file day-to-day?”
- “What are the biggest weaknesses you see in my case right now?” (A good lawyer will be honest about the hurdles).
- “What is your success rate with cases that go all the way to a jury verdict?”
Conclusion on How to Choose a Medical Malpractice Lawyer
Choosing a medical malpractice lawyer is about finding the intersection of medical knowledge, financial strength, and trial-tested courage. Taking the time to vet the firm may feel exhausting, but it is the single most important step you can take toward securing justice and the compensation needed for your recovery.
If you have any concerns or questions about medical malpractice, then visit the Kopec Law Firm free consultation page or video. Then contact us at 800-604-0704 to speak directly with Attorney Mark Kopec. He is a top-rated Baltimore medical malpractice lawyer. The Kopec Law Firm is in Baltimore and pursues cases throughout Maryland and Washington, D.C.