What Does a Medical Malpractice Attorney Do?
A medical malpractice attorney helps clients with claims regarding injuries they sustain due to mistakes made by doctors, nurses, dentists, therapists, technicians, and other medical professionals and health care providers. Those mistakes can include surgical errors, birth trauma, injuries from inappropriate treatment methods, misdiagnoses, unnecessary delays in treatment, or a failure to get proper consent for treatment from a patient. Medical malpractice attorneys are a type of personal injury attorney. Many of them specialize in a specific kind of medical malpractice, like birth injuries, nursing home abuse, or dental malpractice.
Basic knowledge of human anatomy, biology, and standard medical terms is necessary for medical malpractice attorneys, as they will frequently have to collaborate with, and take depositions from, medical professionals and experts. They also have to analyze clients’ medical records to help reconstruct what happened. Finally, a medical malpractice attorney needs to have expertise common to other legal positions, such as strong written and verbal communication, research, and negotiation skills.
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National Average Salary
Medical malpractice attorney salaries vary by experience, industry, organization size, and geography. To explore salary ranges by local market, please visit our sister site zengig.com.
The average U.S. salary for a Medical Malpractice Attorney is:
Medical Malpractice Attorney Job Descriptions
The first step when hiring a great medical malpractice attorney is a well-crafted job description. Below are real-world examples to help give you the best chance of success on your recruiting journey.
At [Your Company Name], our clients depend on our medical malpractice attorneys to have their back. They depend on us to consider all details of their medical experience and to fairly and confidently represent them and their needs when developing their malpractice lawsuit. It is our duty to make them feel comfortable, and fight for everything they deserve in compensation for medical mistakes or malpractice. We are seeking an experienced medical malpractice attorney to join our team. You need to have excellent verbal and written communication, strong research skills, analytical skills, familiarity with medical terms, and negotiation skills. We are searching for someone who is passionate, responsible, professional, and who keeps the clients’ needs at the forefront of everything that they do. If you are willing to fight for our clients’ rights and help fight against medical malpractice, then we would love to hear from you!
Typical duties and responsibilities
- Advise and counsel clients on matters relating to injuries sustained during medical or dental care
- Consult with medical experts to develop case theories and review medical records
- Write and file claims, motions, and court briefs
- Litigate medical malpractice cases in court if necessary
- Negotiate settlement terms with defendants and their insurance companies
Education and experience
This position requires a Juris Doctorate as well as a license to practice law in the state where the candidate will work. Board certification from the American Board of Professional Liability Attorneys (ABPLA) is preferred.
Required skills and qualifications
- Expertise in written and verbal communication
- Knowledge of state and federal medical malpractice laws
- Research skills
- Analytical thinking
- Negotiation skills
- Litigation experience
- Basic knowledge of medical terms
- Bilingual Spanish
- 5+ years of experience working in medical malpractice
- Proven success in winning malpractice cases
ABC Company is looking for a Medical Malpractice Attorney with defense side litigation experience to work at our client’s Philadelphia office 2 days a week and the rest remotely.
- Drafting legal texts, including reports, pleadings, motions, and appeals
- Reporting on billable hours spent on each assignment
- Remaining abreast of changes to legislation
- Conducting research using legislation, case law, and other legal texts as sources to decide on a modus operandi
- Representing clients at meetings, hearings, and trials
- Consulting with clients to ascertain the details and merits of each case
- Ensuring that data obtained during interactions with clients remain confidential and are stored securely
- J.D. from an accredited law school
- License to practice law in Pennsylvania and New Jersey
- 5-7 years experience of defense litigation in the areas of medical malpractice or sexual abuse cases required
- Excellent analytical and research abilities required
- Exceptional problem-solving and decision-making abilities
- Trial experience preferred
- Develop a case theme that is more compelling than any plaintiff ploy for sympathy or anger
- Refuse to accept mediocrity, the average, the standard or the norm in anything
- Independently handle court appearances, depositions, briefs, and trials
- Work as part of a team with all levels of experiences
- Routine communications with clients
- Cultivate relationships with the firm’s existing and future clients
- Provide leadership and direction with respect to less experienced attorneys
- JD from an ABA approved school
- Must be licensed in your state
- Medical Malpractice experience, specifically with litigation support, deposition, and trial preparation
- Ability to manage full case handling responsibilities, including all facets of discovery and trial
- Experience handling insurance defense matters preferred
- Experience with time management systems
- Proficiency in MS Suite, specifically Word, PowerPoint, and Outlook
- Ability to think and act independently and with minimal supervision
- Outstanding listening, verbal and written communication skills
- Professional appearance and demeanor
This is an excellent opportunity to join a growing practice with a robust and loyal client base.
- 3+ years of defense litigation experience
- Excellent academic qualifications
- Strong research, writing and communication skills
- Must be admitted to practice in (State)
- Experience in Medical Malpractice preferred
- Independently manage a caseload involving medical malpractice claims
- Work closely with other attorneys, team members, and Partners on legal projects
- Regularly handle court appearances and depositions
- Communicate with clients and provide status reports
Compensation is commensurate with the candidate’s experience. In addition, the Firm offers an excellent benefits package.
Candidate Certifications to Look For
- American Board of Professional Liability Attorneys Certification (ABPLA). The ABPLA is the only organization authorized by the American Bar Association to approve attorneys who are involved with legal malpractice and medical malpractice. This certification is well known and candidates are recognized as a leader in negligence law.
- MEDIC First Aid BasicPlus-G2010. This certification trains candidates in CPR, AED, and first aid. This helps candidates in case they ever need to medically care for someone. Renewal is required every 2 years.
- Board Certification in Criminal Trial Law. This certification extensively tests a candidate’s knowledge when it comes to their education and courtroom experience. Obtaining this certification is a beneficial thing. Renewal is required every 5 years.
- Board Certification in Civil Trial Law. This certification extensively tests a candidate’s knowledge when it comes to their education and courtroom experience. Obtaining this certification is a beneficial thing. Renewal is required every 5 years.
Sample Interview Questions
- How did you become interested in medical malpractice law and what motivates you to practice it?
- What steps do you take to investigate and build a medical malpractice case?
- What is the most challenging medical malpractice case you have handled, and how did you overcome it?
- How do you stay on top of changes in medical laws and regulations?
- When was the last time you successfully negotiated a settlement in a medical malpractice case?
- What are the methods you use to determine the damages and compensation that a medical malpractice patient deserves?
- Could you please describe your experience with expert witnesses in medical malpractice cases?
- Throughout the legal process, how do you ensure your clients feel informed and empowered?
- What is your approach to managing the emotional and psychological aspects of representing clients in medical malpractice cases?
- What are the 4 Ds of malpractice?