Pro Se Litigant & Medical Malpractice Law
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 855-633-2757 for a Free Medical Malpractice Case Evaluation
Pro Se Litigant - Frequently Asked Questions
If you have been a victim of medical malpractice, it can be frustrating to contact an attorney only to have them decline to take your case. Just because a lawyer turns down your medical malpractice claim does not mean you do not have a solid case or that you cannot win it with the helpRead More
Medical malpractice is a very active component of the American legal system. Each year, thousands of patients suffer pain and injury from the negligence of the medical community. If you have suffered an injury at the hands of a physician or medical team, you may be thinking about a medical malpractice lawsuit. You need toRead More
Pro Se Litigant - News Articles
Jury Finds Colorado Doctor Negligent for Child’s Brain Damage; Family Awarded $4 Million In the fall of 2005, Pamela Rudnicki rushed to the Memorial Hospital, located in Colorado Springs, CO. Rudnicki was nearly nine months pregnant at the time and was approaching her due date when her doctor, Peter Bianco, made the decision to induceRead More
In the beginning of 2008, Robert Jackson Miller III, an ivy-league graduate and successful architect based out of New York City, went to a dermatology appointment for a routine checkup. He had recently co-founded Miller & Wright Architects and his work had already been featured in Architectural Digest, the New York Times, and the WallRead More