When a medical mistake changes your life – or the life of someone you love – the road forward feels overwhelming. You’re grieving, you’re searching for answers, and you’re suddenly faced with decisions you never imagined making. One of the most important decisions is choosing the right lawyer to guide you through a medical malpractice claim.
In Florida, medical malpractice cases are some of the most complex and heavily defended legal battles. Hospitals have insurance companies. Doctors have legal teams. Families need an advocate who can match that strength with skill, compassion, and determination. But how do you know if an attorney is truly the right fit for your case?
Here are seven essential questions to ask before hiring a medical malpractice attorney.
1. Do You Specialize in Medical Malpractice Cases?
Not all personal injury lawyers handle medical malpractice. These cases require deep knowledge of both medicine and the law, as well as access to trusted medical experts. Ask directly about the attorney’s experience in malpractice cases. How many have they handled? Do they focus primarily on this area of law?
A general personal injury lawyer may be excellent at car accidents but unprepared for the complexity of a surgical error or misdiagnosis case. You deserve someone whose day-to-day practice is built around medical malpractice litigation.
2. What Is Your Track Record With Cases Like Mine?
Every malpractice case is unique, but patterns emerge. An attorney who has successfully handled cases similar to yours (birth injuries, anesthesia errors, delayed diagnoses) will understand the challenges and strategies needed.
Don’t be afraid to ask about past verdicts and settlements. While no outcome can be guaranteed, a proven track record demonstrates the attorney’s ability to secure meaningful results. More importantly, it shows they have stood in courtrooms, faced hospital lawyers, and fought – and won – for families like yours.
3. Who Will Actually Handle My Case?
In larger firms, cases are sometimes handed off to junior associates. You’ll want to know whether the attorney you meet during the consultation is the one who will actually prepare your case, negotiate with the insurance company, and represent you in court.
Ask:
- Will I work directly with you?
- How often will we communicate?
- Who should I contact with questions?
This transparency helps build trust, and ensures you know exactly who’s standing by your side.
Your story matters, and we’re ready to fight for it in court.
4. How Do You Approach Building a Case?
Medical malpractice cases live and die on preparation. The attorney should explain their process: gathering medical records, consulting with expert witnesses, analyzing hospital policies, and preparing for trial.
A skilled lawyer won’t just describe what they do; they’ll show you how their approach protects families. For example:
- Do they use independent medical experts, or only rely on those provided by the hospital?
- How do they uncover systemic failures, like understaffing or ignored safety protocols?
- Do they prepare every case as if it will go to trial—even if settlement is likely?
The answers will reveal whether the attorney is proactive, thorough, and truly trial-ready.
5. What Resources Do You Have to Handle a Case Like This?
Hospitals and insurance companies have deep pockets. To fight them, your attorney must have the resources to keep up. That means access to:
- Top medical experts who can testify credibly in court.
- Financial strength to cover upfront costs of litigation (expert testimony, depositions, records review).
- Technology and staff for organizing and presenting complex medical evidence.
If an attorney lacks resources, families may feel pressured to settle too quickly. The right firm will have the support needed to pursue justice all the way through trial, if necessary.
Medical negligence doesn’t just affect statistics, it devastates lives. Call FHV Legal today to take the next step toward justice.
6. What Is Your Fee Structure?
Most medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if they win your case. Still, it’s important to understand the details:
- What percentage will they take if the case settles?
- Does that percentage change if the case goes to trial?
- Who pays for costs like expert witnesses and court fees if the case is unsuccessful?
A trustworthy attorney will answer these questions directly, with no hidden terms. They should also explain that their primary goal is securing justice and compensation for you, not billing hours.
7. How Do You Support Families Beyond the Courtroom?
Finally, remember that malpractice cases are about more than money, they’re about families, healing, and accountability. Ask how the attorney supports clients emotionally as well as legally.
Do they take time to listen to your story? Do they treat you as a partner in the process? Will they connect you with resources for medical care, rehabilitation, or counseling?
Compassion matters. A truly dedicated attorney knows you are not just a case file, you are a family living through one of the hardest times of your life.
The Right Questions Lead to the Right Choice
Choosing a medical malpractice attorney is not just a legal decision, it’s a personal one. You’re placing your trust, your story, and your family’s future in someone’s hands. By asking these seven questions, you’ll gain insight into their experience, their resources, and their commitment to you.
At Freedland Harwin Valori Gander, we welcome these questions. We believe families deserve transparency, respect, and unwavering advocacy. From the very first consultation, our team is committed to listening, guiding, and fighting for the justice you deserve.
Hospitals have lawyers. Doctors have insurance teams. You deserve someone in your corner, too. Call FHV Legal today for a free consultation and let’s talk about your next step.
