Differences In Plaintiff And Defense Medical Malpractice Lawyers

Although all attorneys are trained in general legal principles and procedures

, not any type of attorney can handle a medical malpractice claim. Lawyers who specialize in the field of medical malpractice are the ones to hire when an injured patient seeks to file a lawsuit, or to represent the physician against whom a claim has been filed. The good news is that there is no shortage of medical malpractice lawyers in every legal community, so it will not be hard to find adequate representation.

It is important to understand that you cannot walk into just any malpractice law firm and hire one of their attorneys to represent you in your case. This is because there are two very distinct sides to medical malpractice claims and there are two very distinct sides on which medical malpractice lawyers provide representation. Malpractice law firms typically choose only one side and stick to it. This is different from many other types of law firms in that they can often take plaintiffs or defense cases depending on the type of case and only so long as there are no conflicts amongst their clients. For example, many business law firms can file a lawsuit on behalf of one client while representing a defendant in a business claim filed against their client in a completely unrelated matter. Similarly, personal injury law firms can often file claims of those injured in a car accident or other types of personal injury case, and may also be tapped to represent someone who is alleged to have caused an injury. Malpractice does not follow in this same vein.

medical malpractice lawyers who handle defense claims are most often part of a panel of attorneys pre-approved by the insurance companies who pay to defend such claims on behalf of the defendant doctors and medical facilities. medical malpractice defense firms work to get on the panel of several different insurance companies so that they will be chosen as the attorneys of record when claims arise against their insured. These firms are usually relatively large in size. On the other hand, those who represent plaintiff claims on behalf of the patient are often very small firms. In fact, they are typically sole practitioners who handle only plaintiff's medical malpractice claims. Such claims are almost always handled through a contingency agreement, where the attorney is paid at the end of the case, if successful, with a agreed upon percentage of the damages received. There is no hourly rate or retainer fee charged by the attorney in this situation.

Although plaintiff's medical malpractice law firms may be small in size, due to their specialization, they have medical malpractice lawyers who are highly skilled and knowledgeable in the area of medical malpractice. Similarly, malpractice insurance defense firms will provide proper representation in this area as they focus their practice areas in medical practice and perhaps one or two other fields of law and do not clog their caseload with a wide variety of case types.

by: Sunil Punjabi

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