6 Questions to Ask a Medical Malpractice Lawyer Before You Hire Them
Written by Jay M. Kelley III in Medical Malpractice on March 30, 2026
Finding out that a doctor made a medical mistake is life-changing. You are likely dealing with physical pain, high medical bills, and a lot of anger. When you decide to seek justice, the most important step you will take is choosing the right lawyer.
Medical malpractice cases are some of the most difficult in the legal world. Hospitals have large legal teams and deep pockets. You need a partner who has the strength and knowledge to fight back. With 50+ years of experience, we have handled every type of medical error imaginable.
To help you find the right fit, we created this list of six questions you should ask during your free consultation.
1. How Much of Your Practice is Dedicated to Medical Malpractice?
Many lawyers handle “personal injury” cases like car accidents. However, medical malpractice is a very specialized field. It involves complex science and specific Ohio laws.
You should ask if the lawyer handles malpractice cases every day or just once in a while. You want a team that understands medical charts as well as they understand law books. At our firm, medical negligence is a core part of what we do.
2. Have You Handled Cases Similar to Mine?
There are many types of medical errors. A birth injury case is very different from a surgical error or a misdiagnosis.
Ask the lawyer if they have experience with your specific injury. If they have handled similar cases for 50+ years, they will already know the experts to call and the common defenses the hospital will use. This experience saves time and increases your chances of a fair settlement.
3. Do You Have the Financial Resources to Fight My Case?
Medical malpractice lawsuits are expensive. A lawyer must pay for expert witnesses, medical records, and court filings. These costs can easily reach tens of thousands of dollars before a trial even starts.
If a law firm is too small, they might try to settle your case for less money just to avoid the high cost of a trial. You should ask if the firm has the “staying power” to take your case all the way to a jury if necessary.
4. Who Will Be My Main Point of Contact?
When you call a large firm, you might talk to a different person every time. This can be very frustrating during a stressful time in your life.
Ask who will be responsible for your file. Will you be talking to a senior partner, an associate, or a paralegal? You deserve to have a consistent team that knows your name and your story. We pride ourselves on giving our clients personal attention.
5. What is Your Record with Trials and Settlements?
Most cases settle before they get to a courtroom. However, you want an attorney who is not afraid of a trial. Insurance companies know which lawyers always settle and which ones are willing to fight in front of a judge.
If your lawyer has a reputation for winning big trials, the insurance company is more likely to give you a fair offer. Ask about their recent results for cases like yours.
6. How Do Your Fees Work?
Most medical malpractice lawyers work on a “contingency fee.” This means you do not pay anything upfront. The lawyer only gets paid if they win money for you.
You should ask for a clear explanation of the percentage they take. You should also ask if you will be responsible for “office costs” (like postage or travel) if the case is lost. A reputable firm will be happy to explain their fee agreement in plain English.
Why 50+ Years of Experience is Your Best Asset
When you hire a lawyer with 50+ years of experience, you are not just hiring a person. You are hiring a proven reputation built over decades of litigation. Hospitals and insurance companies know that we do our homework. They know that when we take a case, we have the evidence to back it up.
Choosing a lawyer is a big decision, but it does not have to be a scary one. Use these questions to find a team that makes you feel confident and supported.
How an Ohio Medical Malpractice Lawyer Starts Your Claim
Once you have asked your questions and chosen a firm, the real work begins. Your legal team will start by gathering every page of your medical history. They will look for the exact moment the “standard of care” was breached.
If you suspect you were a victim of a medical mistake, don’t wait. In Ohio, you typically only have one year to act. Use your free consultation to get the answers you deserve.
Contact Elk + Elk for Your Free Consultation
If you or a loved one has been injured by someone else’s mistake, you do not have to face the insurance companies alone. Contact the experienced personal injury attorneys at Elk + Elk today for a free and confidential consultation. We work on a contingency fee basis, which means you pay nothing unless we win your case. Call 1 (800) ELK-OHIO now and let us put our 50+ years of experience and resources to work for your recovery and peace of mind.
Jay M. Kelley III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice attorney in Ohio with over 25 years of experience and $200 million in verdicts and settlements. He leads Elk + Elk’s litigation strategy in state and federal courts and has a unique background as a former felony prosecutor and hospital defense lawyer. Jay specializes in complex cases, including birth injuries and wrongful death, and is recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
call us 1 (800) 355-6446 
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