The first thing that should be done when faced with improper medical treatment due to negligence or other reasons is to look for a good medical malpractice attorney, who can understand, fight and win the case. The various such attorneys available everywhere are mostly incompetent, and thus it is very important to interview those who have a good track record, apart from deciding upon the services and fees for the entire process of filing and winning the medical malpractice lawsuit. The attorney who is finally selected must have had experience dealing with the illness/treatment/negligence same as yours, so that his/her experience would come in handy. The feedback of the attorney's previous clients must definitely be heeded.
Desirable attorneys must have competent skills, knowledge and extensive experience in dealing with the insurance policies and applicable legal procedures, thus requiring a lot of research on your part. After the malpractice has occurred, specific steps need to be taken in order to keep the lawsuit claim valid. These steps also have deadlines, which need to be well known to the attorney.
A face to face interview with the candidates would definitely throw light on whether or not an attorney would be able to deal effectively and efficiently with the case at hand, based on how confidently he/she can argue the merit of the case. An attorney however experienced needs to have a highly successful past in order to be able to represent the client ably in a court of law. The attorney should also be aware of similar cases in the past, the arguments of both parties, results of the lawsuits etc.
An attorney needs to follow different procedures in coordination with the arbitrator in a medical malpractice case as compared to an ordinary lawsuit which automatically goes to the court. The attorney needs to be well versed with the various steps in an arbitration process as well as the various steps that need to be followed when filing a claim against an HMO or other insurance agency.
Attorneys take on most medical malpractice lawsuits on a contingency basis. A contingency case implies that no upfront payment needs to be made to the attorney, and all the dues are settled once the case has been resolved in a court of law. That however has to be kept in mind, because the attorney's fees need to be included in the amount that is claimed in the lawsuit. The contingency basis allows poor victims to avail of quality legal help in serious cases.