Medical malpractice litigation is ordinarily undertaken by law firms on a contingency fee basis. There is no cost to the client unless there is a recovery. The contingent fee system allows people with limited financial means to secure the best attorneys available to handle their cases. The determining factors are the merits of the case and the nature of the injury rather than the ability of the client to pay for a lawyer.
Medical malpractice is negligent or careless medical care or treatment rendered by a doctor or a hospital. The negligence may involve the failure to act properly or acting in a way that is not in conformity with the accepted standards of medical practice. Medical malpractice is not simply a bad result, an error in judgment or misconduct without any significant injury.
A skilled medical malpractice attorney is one who, as the result of years of training, education and experience, is adept at dealing with complex medical concepts and has the advocacy skills to effectively litigate those principles.
In selecting a medical malpractice lawyer one should consider the attorney's peer recognition in the field, his accomplishments such as professional writings and teachings, his performance as a trial lawyer and the level of client satisfaction.