Medical Malpractice

How to Choose a New York Medical Malpractice Lawyer?

August 30, 2023
How to Choose a New York Medical Malpractice Lawyer?

Table Of Contents


Suing a medical professional for malpractice presents various challenges. With resources and their career in danger, medical professionals and their insurance companies employ teams of lawyers to defend against malpractice allegations. But with a medical negligence lawyer fighting with you, you can get justice for your losses.

Your medical malpractice lawyer in NYC will have a big influence on your case's outcome. To increase your odds of success, you must choose an attorney with a record of successfully handling malpractice cases, one who knows how to confidently navigate the various steps toward recovering compensation.

Below are some tips to help you find the right attorney for your case.

What Is Considered Medical Malpractice in NY?

Medical malpractice occurs when a medical professional injures a patient due to negligent behavior. It is more than a mere mistake and always egregious because the public puts their trust in medical professionals. They are held to a higher standard of care. When they are negligent, people and trust are injured.

Common examples of medical malpractice include:

In a medical malpractice suit, there are two kinds of lawyers: those who fight for compensation for their clients and those who defend medical professionals against medical malpractice allegations.

What to Start with When Looking for a Medical Malpractice Attorney?

What to Start with When Looking for a Medical Malpractice Attorney?

When you begin your search for a medical malpractice lawyer, it is important to know that many medical malpractice lawyers turn down medical malpractice cases for various reasons, so your search might take a while. That said, most medical malpractice attorneys offer free initial consultations, so you won't burn through resources in your search.

Here are some questions to consider when you start:

  • The Attorney's Background: Do they have experience with cases such as yours?
  • The Attorney's Bar Record: Do they have any disciplinary reports or issues?
  • Online Reviews of the Attorney: What do former clients say about the attorney?

Word of mouth information from friends, family, and professionals can also yield great results.

Where to Find the Best Medical Malpractice Attorney Near You?

As with many other processes, finding the right medical malpractice lawyer will require you to consider more than one candidate. A good list of potential attorneys should have at least five or six names.

Some potential sources of experienced medical malpractice attorneys include:

  • The Bar Association: Bar associations typically have search tools and lists to help the public find the right attorney
  • Doctors: Doctors not involved in the case can be a good source of potential names
  • Friends and Family: Word of mouth from close acquaintances can be helpful
  • Other Attorneys: Attorneys in other specialties may also be useful in helping you locate a lawyer

The process can be time-consuming. But once you find the right medical malpractice lawyer, you will be grateful that you took the time you did.

Things to Look for When Choosing a Medical Malpractice Attorney

Things to Look for When Choosing a Medical Malpractice Attorney

The best medical malpractice attorneys have a deep understanding of the complexities involved and can work effectively against the challenges that surface in these cases.

Consider the following factors when narrowing down your list of five or six candidates.

Relevant Experience

Experienced medical malpractice lawyers have extensive knowledge of the medical issues and matters at stake in the cases they handle. They know how to develop appropriate strategies based on the medical information in a case and anticipate unique challenges before they arise. Their knowledge and experience allow these medical malpractice lawyers to directly participate and influence every aspect of their cases.


Medical malpractice cases are serious matters that involve devastated patients and their families. They need quality legal services, but they also need a dimension of compassion and kindness. Nothing shows a client that their attorney cares like an attorney who is accessible every time their client needs them. If you can't get your attorney on the phone, they may not be the ideal medical malpractice attorney.

Track Record

The best medical malpractice lawyer will have a consistent track record of collecting significant compensation from negligent medical professionals and hospitals. At Jacob Fuchsberg Law Firm, we have a proven track record that speaks for itself, demonstrating our ability to recover vital compensation for our medical malpractice clients and their families.

Deep Knowledge

Medical malpractice cases involve mountains of complex medical and legal information. Attorneys must have a prior understanding of the medical issues involved in order to demonstrate that a medical professional was negligent.

Jacob Fuchsberg Law Firm has shown itself to be more than competent in numerous medical malpractice cases by recovering significant settlements and verdicts for their clients in need.


It's easy for a law firm to praise its quality of legal services. But when clients do so, they lend a dimension of credibility to the claims. When you're considering each attorney on your list, make sure to learn what former clients have to say about them.

Many law firms have testimonials on their websites. There are also a variety of review websites, such as Yelp! and Google Reviews.

Access to Expert Witnesses

Does the attorney you are considering hiring have access to leading expert witnesses? If not, they will find it very difficult to win a medical malpractice case. Medical malpractice cases require the use of medical experts to testify as to the causes of medical injuries. They must be capable of making medical judgments and sharing informed opinions regarding the behavior of a healthcare provider.

Free Consultation & Contingency Fee

Free consultations are the industry standard in medical malpractice cases. At Jacob Fuchsberg Law Firm, we charge nothing to sit down with you and review your case. Regarding attorney's fees, most operations charge a contingency fee, which comes out of the settlement or verdict you receive. Upfront fees are typically never required, which helps medical malpractice victims conserve resources.

Questions to Ask a NY Medical Malpractice Lawyer

Questions to Ask a NY Medical Malpractice Lawyer

When it's time to sit down with your lawyer, preparing a few key questions beforehand will help you in your decision-making. Consider asking each prospective client the following questions:

  1. How many medical malpractice cases have you tried in court? Experience is necessary for success in cases such as these.
  2. How much is your fee? Attorneys who charge on a contingency basis do not collect their fees until the end of the case.
  3. Will non-lawyers such as paralegals and legal assistants perform most of the work on my case? The more time an actual lawyer spends on the case, the better.
  4. What percentage of your medical malpractice cases settle compared to going to trial? Attorneys who routinely settle instead of fighting at trial may be seen by insurance companies as an attorney who will always settle for less instead of fighting at trial.
  5. Do you have relationships with expert witnesses? Attorneys who have a developed network of expert witnesses end up saving time and money for their clients.

These questions are important, but in the end, one of the most important factors to consider is the attorney's personality and how they treat you. Can you work with them in a professional manner over an extended period of time? The way you feel is important and should be taken into consideration when making your decision.

Additional Tips on Selecting the Right Medical Malpractice Attorney

  • Ask about their membership in legal organizations: Are they active in local or national legal organizations? Have they received honors and awards from respected rating services? If so, it is a sign of competence and respect.
  • Ask about their normal case timeframes: Is the firm capable of navigating the claims process in a timely manner? An experienced attorney will not saddle you with unnecessary delays. Instead, they will work efficiently and effectively to resolve the case.
  • Ask about the percentages they charge: If you are charged a contingency fee, your attorney will take a percentage of the compensation. Most malpractice lawyers charge between 30% and 40%. Generally, cases that go to trial are billed at a higher rate than cases that settle.
  • Ask the firm what percentage of malpractice cases it typically takes: A law firm that has a large percentage of medical malpractice cases is likely more adept at representing medical malpractice victims than a firm with a lower percentage.

Reach Out to Our Medical Malpractice Attorneys at Jacob Fuchsberg Law Firm Today!

You deserve to have the best medical malpractice attorney for your case. By adhering to the guidance detailed in this piece, your odds of finding the right medical malpractice lawyer are high. Jacob Fuchsberg Law Firm is ready to listen and help, just as it has for thousands in the past. Contact us to get justice for your injuries. Call (212) 869-3500 for a free consultation and case review today.