I am wondering where i can get answers to how to file a medical malpractice lawsuit without an attorney?
Wednesday, July 1st, 2009 at
11:52 pm
Our son was killed in a hospital and unfortunately those responsible are getting away with it. Really need to find help in filing first documents to get ball rolling. Don’t want any money but we must get some kind of justice for our darling boy and we feel we must bring this hospitals screwups into the light of day to protect current and future patients. And yes i have proof just can’t get any lawyer interested not enough possible cash in it for them. Just need pointed in right direction and access to legal documents and filing fees.
Legal aid in your county or the county clerk’s office
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Legal aid in your county or the county clerk’s office
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You are thinking about wading into something very complex. Let me ask you this, in return. Would you feel better or worse if you file the case yourself, there is a trial and the verdict is in favor of the doctors or the hospital, thereby giving a kind of stamp of approval about what happened? If your answer is that you would feel even worse about how things turn out, then, I suggest this should point you in a direction other than filing a medical malpractice case with out legal counsel.
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Medical Malpractice is a very very complicated suit. I will tell you that if an attorney won’t take the case you are in a bad position. However, you will need to file a petition for wrongful death, I believe. The filing fees vary by jurisdiction and the suit should be filed in civil court (probably general sessions, or circuit). Be ready for the first motion to be filed by the hospital’s attorney. It will be a motion to dismiss. You will have to go in front of a judge and explain why you are bringing this suit. You should be careful to have enough proof otherwise you will be slapped with attorney’s fees on their side and your case will be dismissed. I’m very sorry that this happened to you, but you’ll want to be careful that you don’t make your lives worse.
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That is heart breaking! I am sorry that happened to you and your family! I would be nervous as to why the lawyer would not jump on this. Between hospitals and insurance companies, there is a lot of money to be had. Perhaps he sees it as a case that is simply not win-able for whatever reason. I agree with the posters above that it might cause more heart break and ffinancial distress to pursue. I pray that you and your family will find some comfort and peace!
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Medical mal practice lawsuits are extremely difficult and costly to litigate. You need to find a doctor willing to testify that the hospital doctors were negligent and the cost to get hospital records, doctors and expert witness depositions is prohibitive. Sorry about your son. Good Luck.
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The above poster hit the nail on the head, without a third party Doctor to state in writing and willing to testify of the malpractice by the hospital you will get no where with a claim, for it will be dismissed as soon as they answer the complaint
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As an attorney, I would not suggest trying to handle a medical malpractice pro se (with out an attorney). Medical Malpractice claims are by nature complicated matters and one little mess up can get the case thrown out. Keep searching for an attorney that will handle the case. A good place to start would be to call your State’s Bar Association and see if you can get a referral for an attorney that handles Medical Malpractice claims.
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