Understand what a pro se litigant is in a medical malpractice lawsuit and why it is not a good idea to file a lawsuit pro se.
A pro se litigant in a medical malpractice case is someone who acts as his or her own attorney. Pro se is Latin term meaning “for oneself” or “on one’s own behalf.” You do not have to be a licensed attorney to represent yourself in a medical malpractice lawsuit. A law license is required only for representing another party in a court of law.
Disadvantages of Filing a Medical Malpractice Lawsuit Pro Se
Why not file a medical malpractice lawsuit pro se? There are several reasons.
The Complexity of Medical Malpractice Law
First, medical malpractice is a complex, contentious, constantly evolving area of civil law. Even lawyers who do not specifically focus on medical malpractice often know little about it, so it stands to reason that a non-attorney will struggle, too. This is especially the case when you consider that most doctors and hospitals — your likely opposition — have highly skilled, highly paid attorneys on staff. Their familiarity with this area of law may give them an edge over someone who is representing themselves.
The Potential Money at Stake
Second, medical malpractice lawsuits tend to involve significant sums of money. The opportunity cost of not hiring a medical malpractice lawyer can therefore be particularly large. We encourage victims considering pro-se litigation to honestly consider whether they are likely to benefit from the knowledge and experience of an attorney who works on cases like yours for a living and will know exactly what to expect, what strategies have worked in the past, and what approaches have never worked before.
The Difficulty of Winning
In order to win your medical malpractice lawsuit, you have to know when your case is strong enough to emerge victorious in court and when you should push for an out-of-court settlement instead.
Even when doctors and hospitals feel they can win a jury verdict, many are willing or even eager to settle out of court, often for a substantial amount. Settling lets them avoid the time, cost, energy, and reputational damage that comes with a protracted trial. A good attorney knows when to settle and how to handle the negotiation process.
Call 888-526-8947 for a Free Medical Malpractice Case Evaluation
The attorneys at Newsome | Melton want to help you pursue your medical malpractice case. We offer a free case evaluation and work on a no-win-no-fee basis. Call us today at 888-526-8947.
Pro Se Litigant - Frequently Asked Questions
Locked-in syndrome is not immediately fatal on its own. But it generally leads to medical complications that shorten the lives of affected persons. According to a study published in the Orphanet Journal of Rare Diseases (OJRD), even a locked-in syndrome patient who is medically stable has only a 40% chance of living another 20 years,
Read More
How Can I Obtain My Medical Records If I Have Questions About My Treatment? The Health Insurance Portability and Accountability Act (HIPAA) gives you control over your medical records. That means you can obtain your medical records when you need to and you can shield them from others. This includes paper records and charts as well
Read MorePro Se Litigant - News Articles
Esmeralda Tripp, then 42, went to see her doctor for a checkup in September 2013. Tripp was taking a prescribed blood thinner called Coumadin and she had a history of seizures. Her primary physician was concerned that her blood was actually too thin and told Tripp that she needed to go straight to an emergency
Read More
One of the largest medical malpractice cases in Maryland’s history was settled earlier this month for a confidential amount. Nearly 250 patients have settled their civil lawsuits against Dr. Mark Midei and Catholic Health Initiatives, the company who owned St. Joseph’s, accusing the cardiologist of implanting unnecessary heart stents in them. According to The Baltimore
Read More