Medical Malpractice Lawyer

Things to Look for in a Medical Malpractice Lawyer

When a patient suffers harm or death due to a medical error, it is critical that the patient and their family seek help from an experienced lawyer and legal team knowledgeable in medical malpractice claims.

Choosing the best legal team is critical, not only because medical malpractice claims are complex, but because most doctors are represented by aggressive defence attorneys who will fight for dismissal at all costs.

Medical malpractice can include failures to diagnose, failures to treatment, birth injuries, surgical errors, and medication errors. It is imperative to find a medical malpractice lawyer who has experience in the type of claim you are pursuing.

How can you tell when you have experienced medical malpractice?

Several factors must be present for it to be considered a medical malpractice case.

1. There was a doctor-patient relationship

A valid malpractice lawsuit must show that the patient had a medical relationship with the healthcare professional in question. Duty of care cannot exist where there is no professional relationship. You must show that you hired the professional for their service, and they accepted.

2. There was negligence on the part of the medical professional

All medical professionals are expected to uphold a standard of care. They are required to offer reasonable care that any similarly qualified professional can provide under the same circumstances. All medical malpractice lawsuits must prove that the medical professional did not uphold this standard level of care.

To do this, you will most likely need to present a medical expert who can testify about the lack of standard care. The healthcare professional you intend to sue needs to be negligent in connection with your diagnosis or treatment.

3. The healthcare provider’s negligence caused injury

In many cases, medical professionals will treat patients with pre-existing conditions. This is why medical malpractice cases always need to assess whether the professional’s negligence directly led to harm or injury.

As the patient and plaintiff, you need to show that it is more likely than not your doctor’s incompetence that led to the injury. Again, you will need to produce a qualified medical expert to testify that the damage directly correlates to the professional’s negligence.

4. Your injuries led to particular damages

When a medical professional acts below the expected standard of care but no harm or injury results, you cannot sue them for malpractice. Therefore, you must show that the harm resulted in specific damage. Some harm from your malpractice suit claim can include:

  • Suffering
  • Additional medical bills
  • Enduring hardship
  • Lost work or earning capacity
  • Mental anguish
  • Disability

Advice for Choosing the Right Medical Malpractice Lawyer

If you plan to make a medical malpractice claim against a healthcare professional, the most important factor is hiring the right attorney. Follow this advice to help you pick the right legal representation to help you during your case.

1. Assess medical malpractice experience and background

When looking for the best medical malpractice lawyer, you will want to research their experience and background. A reliable attorney needs to have extensive medical malpractice experience and preferably experience it in the same area as your case.

You must interview all the attorneys on your shortlist so you can recognize who has the most valuable experience to help you with your case. You can conduct interviews over the phone or in-person.

It’s best to go with a law firm dedicated to litigating medical malpractice cases, like the professional medical negligence attorneys at Sommers Roth & Elmaleh.

2. Are they able to deliver a medical expert for testimony?

There is a high chance that your medical malpractice suit will require a medical expert to testify on your behalf. You will need to know if your attorney can get one. You will want to employ a medical expert who can break down complex medical concepts and terminologies that non-medical people can understand. You’ll also want a medical expert who is adept at not only communication but persuasion as well.

3. Figure out if they will require you to settle

In most cases, medical malpractice lawsuits result in settling out of court. The main advantage is that you and your attorney can get paid quickly compared to going to a full-on trial.

Because of this, some lawyers make it a habit to settle, even when it is not satisfactory. So before you hire an attorney, ask them if they will expect you to settle regardless. If you have a lawyer who has your best interests in mind, they will opt for trial if the settlement offer is inadequate despite their best attempts to settle fairly.

4. Check their fees

No matter how experienced the law firm, if you cannot afford their pricing, then they won’t be of much help to you. Make sure you ask how your attorney is planning to bill you and how much they will charge for their services before you sign a contract.

Most malpractice lawyers will charge based on a contingency. Meaning they will take the case and then take a percentage of their earnings from whatever amount you win. The range for contingency fees is between 20% to 50%.

To learn more about how to find a medical malpractice lawyer, call Sommers Roth & Elmaleh at 1-844-777-7372 or contact us here.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.

    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.

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    Hilt this Tamrate
    Hilt this Tamrate
    23 May 2023
    Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
    Hector Cardenas
    Hector Cardenas
    4 January 2023
    I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.
    10 October 2022
    We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh,Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !
    Meggie Zhangkrk6hdjybfjt
    Meggie Zhangkrk6hdjybfjt
    6 October 2022
    I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.
    Tony Zhou
    Tony Zhou
    29 September 2022
    I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.
    Dianne Keckes
    Dianne Keckes
    18 July 2022
    I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!
    Ivica J Sokic
    Ivica J Sokic
    6 June 2022
    Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.
    Arden Melnechuk
    Arden Melnechuk
    1 December 2021
    I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!
    Megha Sharma
    Megha Sharma
    16 April 2021
    Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.
    Nick & Whitney Maraschiello-Basnett
    Nick & Whitney Maraschiello-Basnett
    18 July 2020
    We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.