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
According to the National Organization for Rare Disorders (NORD), locked-in syndrome is often caused by a stroke. It is also possible that a patient with locked-in syndrome can suffer a stroke because of a blood clot or other factors. Locked-in syndrome is a rare neurological disorder. People with locked-in syndrome cannot consciously or voluntarily chew,
Read More
In some cases, you can sue a doctor for medical malpractice that prescribed the wrong medication. Whether or not the doctor is liable for your compensatory damages depends on why you received the incorrect medication. Who Is Liable If My Doctor Did Not Read or Notice Information in My Medical Chart? If your doctor ignored important medical
Read MorePro Se Litigant - News Articles
Teenage Shooting Victim’s Family Files Medical Malpractice Lawsuit Against Florida Hospital for Negligence in His Death Brian Brown was getting ready to start his freshman year at Merced College in California, where he had received a full scholarship to play football. Before moving from Florida , Brown needed to make some extra cash for living
Read More
Seven Women File Separate Medical Malpractice Lawsuits Against Omaha Doctor Every year in the United States millions of people undergo cosmetic surgery procedures. Some of the surgeries are elective and some are medically prescribed, but as the industry grows, so too has the reported incidents of medical malpractice by the doctors performing the operations. Over
Read More