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
If your child was injured during or shortly after childbirth, you could have grounds for a medical malpractice lawsuit for a birth injury. A lawyer from Newsome | Melton can sit down with you and look at the circumstances of your child’s injury, then let you know if you have a strong case and how
Read More
You can often find out if a doctor has been sued for malpractice before. At Medical Malpractice Help, we support the rights of patients to learn as much as possible about a doctor before agreeing to treatment. Our medical malpractice lawyers can help you conduct research on your doctor to determine if they have a prior
Read MorePro Se Litigant - News Articles
Florida Supreme Court Rules Secret Ex Parte Interviews of Medical Malpractice Plaintiffs’ Doctors Unconstitutional On November 9, 2017, the Florida Supreme Court issued its highly anticipated decision in Weaver v. Myers, No. SC15-1538 (Nov. 9, 2017). In Weaver, the Supreme Court struck two provisions pertaining to secret, ex parte interviews with plaintiffs’ healthcare providers in connection
Read More
The Law of Medical Malpractice in Rhode Island: A Survey of Basic Considerations Rhode Island medical malpractice law is among the most complex legal practice areas. The statutes, case law, and regulations governing medical malpractice law in Rhode Island are highly technical. For instance, there are very strict and complicated filing deadlines that must be
Read More