Comments on: I am wondering where i can get answers to how to file a medical malpractice lawsuit without an attorney?

By: ken p

ken p — Thu, 02 Jul 2009 12:21:59 +0000

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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By: goz1111

goz1111 — Thu, 02 Jul 2009 12:09:59 +0000

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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By: 2Westies

2Westies — Thu, 02 Jul 2009 11:59:59 +0000

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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By: Cookie Monster

Cookie Monster — Thu, 02 Jul 2009 11:10:59 +0000

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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By: Outdoorsguy

Outdoorsguy — Thu, 02 Jul 2009 10:59:59 +0000

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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By: ebent1

ebent1 — Thu, 02 Jul 2009 10:46:59 +0000

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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By: wizjp

wizjp — Thu, 02 Jul 2009 10:15:59 +0000

Legal aid in your county or the county clerk’s office
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