Questions to Ask a Medical Malpractice Lawyer Before You Hire Them

Before hiring a medical malpractice lawyer, ask how many patient-side cases they have handled, who will actually work your file and try it if needed, which medical expert will review your records under Fla. Stat. § 766.203, and how they will protect your deadline under Fla. Stat. § 766.106. A lawyer who gives clear, specific answers to each of those questions without dodging or offering vague reassurance is worth a second conversation; one who cannot is not.

How many patient-side malpractice cases have you handled, and what types?

Do not accept “many” or “hundreds.” Ask for a real number and specific case types: surgical errors, misdiagnosis, birth injuries, medication mistakes, or wrongful death from medical negligence. A strong answer names those categories and says how many the lawyer has handled on behalf of patients. A weak answer pivots to total personal injury cases, medical malpractice is legally and medically distinct from car crashes or slip-and-falls. Red flag: the lawyer cannot say whether they have represented patients or hospitals. Miami-Dade has major systems like Jackson Memorial and Baptist Health. Experience against those providers means the lawyer understands their discovery tactics, defense counsel behavior, and internal record systems. That local knowledge matters.

Who will actually work my case, and who would try it in court?

The person you meet at the consultation may not be the one managing your file, or trying it before a jury. Ask three things: (1) Who is my primary attorney of record? (2) Who handles my file day to day, an attorney, paralegal, or case manager? (3) If this goes to trial, who tries it, and have they tried Florida medical malpractice cases to verdict in Miami-Dade Circuit Court? A good answer names the trial attorney, confirms they have taken malpractice cases to jury verdict, not just settlement, and describes the support team. A weak answer hides behind “our team handles it.” Red flag: the consulting lawyer admits they would not try your case and cannot name who would. You need to know who stands with you if talks break down.

Which medical expert will review my records, and do they qualify under Florida law?

Florida law requires a verified written opinion from a qualified medical expert before you can even serve a Notice of Intent to Initiate Litigation [Fla. Stat. § 766.203]. The expert must hold an active license in a relevant specialty and meet statutory criteria for recent professional activity. Ask: “Which medical specialty would your expert come from for a case like mine, and how do you find and screen them?” A strong answer matches the expert’s field to the alleged error, for example, an orthopedic surgeon for a botched knee surgery or a radiologist for a missed tumor on imaging. The lawyer should explain how they check for conflicts and ensure the expert reviews your actual records. Weak answer: “We have experts we use.” Red flag: they cannot name the required specialty. Picking the wrong one derails your case before it starts.

Have you handled cases against this kind of provider or in this kind of facility?

Hospitals, outpatient clinics, and solo practices defend cases differently. Large systems have layers of internal protocols, credentialing files, and electronic incident reports that shape discovery. Ask: (1) Have you handled cases against this type of provider? (2) Have you litigated in Miami-Dade Circuit Court? (3) Are you familiar with how cases against South Florida health systems move through that court? A good answer shows knowledge of local scheduling orders, common defense tactics, and court-appointed mediators. A weak answer reveals only experience in other circuits. Also ask: Can your attorney or primary contact communicate with me in Spanish as a working language, not just through interpreters? For many Hialeah families, that is non-negotiable.

Will another firm be involved, and does that change my fee?

Some malpractice cases bring in co-counsel, a specialized trial firm, for example. That is not inherently bad, but you must know upfront. Florida Bar rules allow fee sharing between lawyers, but the client must understand how it affects their recovery. Ask: “If you bring in co-counsel or refer part of this case, does my total contingency fee percentage change, and will that be in writing?” A strong answer explains clearly whether your take-home share stays the same and confirms it will appear in your signed agreement. Ask the lawyer to confirm in writing whether the total percentage you pay changes because multiple firms are involved. Red flag: vagueness about how additional attorneys impact your money.

How will you keep me updated, in what language, and who answers when I call?

Silence during a slow presuit phase feels unbearable. Ask four things: (1) How often will I get updates, even if nothing major happened? (2) When I call, who answers, the attorney or a screener? (3) Can my main contact speak Spanish fluently? (4) How do you make sure I understand each step before it happens? A good answer includes a set schedule (e.g., monthly updates), names the person handling calls, and confirms Spanish-language communication if needed. Red flag: “We’ll call when there’s news.” Also, Florida’s presuit process under Fla. Stat. § 766.106 starts its own clock before you even file suit. Under Fla. Stat. § 95.11, the deadline is generally two years from when the incident was or should have been discovered, with a four-year outer limit and some exceptions; the 90-day presuit investigation period pauses that clock, but the expert review must be completed before notice is served. A strong lawyer asks for your key dates at the first meeting and tells you the next required step. A red flag is waiting to “evaluate deadlines later.”

Frequently asked questions

What does a good answer sound like when I ask how many malpractice cases a lawyer has handled?
A good answer gives a specific number and lists case types like misdiagnosis, surgical errors, or birth trauma. It clarifies these were handled on the patient side, not for hospitals or insurers.

Does a medical malpractice lawyer need to be local to Miami-Dade?
Not by law, but local experience matters. Lawyers familiar with Miami-Dade Circuit Court, Jackson Memorial, Baptist Health, and local defense firms move your case faster and anticipate institutional tactics.

If a lawyer rejects my medical malpractice case, does that mean I have no case?
Not necessarily. Rejection may reflect economics, expert costs, damages size, or approaching deadlines, not proof that negligence did not occur.

How does Florida’s presuit notice requirement affect my timeline?
Before suing, you must serve a Notice of Intent under Fla. Stat. § 766.106, which starts a 90-day investigation period during which the statute of limitations is paused. Missing the statute of limitations, generally two years from discovery, can end your claim.

Can I ask the lawyer to communicate with me in Spanish?
Yes. Many Hialeah families need Spanish as a working language throughout the case, not just translation for documents. Ask if your primary contact speaks Spanish fluently.

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.