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 Pintas & Mullins 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 doctor overprescribed opioids and you get addicted, you may have a medical malpractice case. A doctor who negligently prescribes too much medication can be liable for any injuries or harm that results from their patient’s subsequent addiction to that medication. A successful case hinges on proving that negligence was a factor. The medical
Read More
An upper GI endoscopy, usually called an “EGD” (after “EsophagoGastroDuodenoscopy,” the proper medical name of the procedure), is the visual examination of the upper intestinal tract (esophagus, stomach, and duodenum) using a lighted, flexible, fiber-optic endoscope. Although EGD is considered a relatively safe diagnostic procedure, there have been reported instances of accidental esophageal perforation (puncture)
Read MorePro Se Litigant - News Articles
When Dean and Tracy Dixon attended their son’s wrestling match in January 2012 they were forced to watch as his shoulder was driven into the unforgiving mat. He came up in excruciating pain and could not continue his match. Six days later, the pain had still not subsided, so the Dixons brought their son, then
Read More
Naomi Pressey was born on February 6, 2008 at which time her doctors found a structural problem with her heart that required surgery. She was transferred to Children’s Hospital Colorado for the operation that was scheduled for February 10th. But the routine procedure quickly turned into a tragedy because of the alleged negligence of the
Read More