How Do You Choose a Medical Malpractice Lawyer in New York?

You have a lot of choices. “Who’s the best?” “Who has the most experience?” “Who can get you the most money for your case?” “How do I know I can trust him?” “What does it cost to hire an experienced trial attorney?”

These are all valid questions and I’m going to answer each one here:

“Who’s the best?”

There is no specific answer for that question. There are a lot of good attorneys. However, lawyers are not permitted to say “Come to me because I’m the best…” The best at what? With what type of case? Under what circumstances? What set of facts? Which court? As of when? There are too many variables that it really becomes impossible for anyone to say “I’m the best.” Anyway, if a lawyer says that, they’d probably get in trouble with the ethics committee that governs what attorneys can say. Yes, it’s true; there is an ethics committee that controls what lawyers can say in their marketing messages.

“Who has the most experience?”

That’s easy to find out; just ask. “How long have you been handling and trying medical malpractice cases here in New York?” Warning: Just because a lawyer has been in practice longer than someone else, does not necessarily mean they are automatically “better” than a lawyer who has been in practice for less time.

“Who can get you the most money for your case?”

The answer to that question is impossible to answer. I know of lawyers in a trial law firm in New York City who privately comment on large jury awards and settlements and quietly boast that they could have gotten more money on a particular case. Could they have done so? Who knows? Is there any way to really know? No. Is there any way for a consumer to get an educated and intelligent answer to that question? No. Why not?

Each case is different. Each case has its’ own peculiar ups and downs. Each case is located in a different court before a different judge. Each defense attorney and their insurance company has their own peculiar standards. If an attorney tells you that they can get you “X” dollars for your case, or that they can get you more money than any other attorney, ask them to put that in writing. It will never happen, because no lawyer, no matter how good or experienced, can ever guarantee a result.

“Trust”

This is clearly the hardest thing to judge. You’ll make a judgment about the lawyer when you walk into their office. From their furnishings to the attorney, you are constantly thinking about how this lawyer can help solve your problem. There is no central lawyer directory where you can check to see which lawyers are trustworthy. Satisfied clients are just one way to judge the quality of a law firm and the lawyers that work there. However, you will probably not get very far to ask for a list of unhappy or disgruntled clients. You can always check with the grievance committee to see if there were any disciplinary actions against that attorney. However, that only proves a negative. If the lawyer has never had a complaint or been disciplined it only means that there’s never been a problem. It does not mean that the lawyer is worthy of your trust.

The best way to answer that question is to talk to the lawyer yourself; meet with the lawyer and judge for yourself. Obviously, you can’t always accurately tell that by talking and meeting with an attorney. However, it will give you a much better sense of who you’re dealing with compared to you never having met the attorney.

“What does it cost to hire an experienced New York trial lawyer?”

Nothing; at least not upfront.

“What does that mean?” It means that you can hire an experienced attorney without having to pay a dime out of your pocket when you begin. If you have a valid case and you start a lawsuit, the attorney and his law firm will pay all the expenses to prosecute your case till the end. Only if you are successful, and you receive money as a result of your lawsuit, will your attorney receive a percentage of what you win. This is commonly known as a contingency fee. The lawyer’s fee is contingent on you getting compensated. If you are not successful in your case, your lawyer gets no money and has spent a considerable amount of money to prosecute your case, without ever getting repaid. That is why most experienced attorneys will be very selective about which cases they accept. An attorney will usually only take a case if he reasonably believes you have a valid case (and must confirm that with an expert physician). Otherwise, he will never recoup the money he has paid to prosecute your case, or receive any attorney’s fee for the hundreds and thousands of hours of time he will put in to prosecute your case to a conclusion.

By becoming an educated consumer about who to choose as your attorney and learning about how cases like yours work, you’ll be able to make an intelligent decision about which lawyer is right for you.

For more information about how medical malpractice lawsuits work in NY, I encourage you to explore my website, http://www.oginski-law.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at 516-487-8207 or by email at lawmed10@yahoo.com.