When you’ve been the victim of medical malpractice, you may feel like taking legal action is impossible. You might not have the money to hire a lawyer, or you may be worried that you won’t be able to prove your case.
But you don’t need a lawyer to file a medical malpractice lawsuit. In fact, many people who file medical malpractice lawsuits do so without the help of an attorney.
1. Understand the basics of medical malpractice law.
Medical malpractice law is designed to protect patients from being harmed by negligent medical care. To win a medical malpractice case, you’ll need to show that the medical care you received fell below the accepted standard of care and that this negligence caused you to suffer harm.
2. Find the right court.
You’ll need to file your lawsuit in a court that has jurisdiction over your case. This usually means filing in the state where the medical care took place.
3. File your complaint.
Your complaint is the document that starts your lawsuit. In your complaint, you’ll need to include your name and contact information, the name and contact information of the defendant (the person or entity you’re suing), and a brief description of your case.
4. Serve the defendant.
Once you’ve filed your complaint, you’ll need to “serve” the defendant with a copy of the complaint and a “summons.” The summons is a document that tells the defendant that they’re being sued and that they have a certain amount of time to respond to the complaint.
5. Collect evidence.
You’ll need to gather evidence to support your claim that the defendant was negligent and that this negligence caused you harm. This evidence can take many forms, but some common examples include medical records, expert testimony, and eyewitness accounts.
6. Prepare for trial.
If the defendant doesn’t respond to your complaint or if they do respond but you can’t reach an agreement, your case will go to trial. At trial, you’ll present your evidence to a judge or jury, who will then decide whether the defendant is liable for your damages.
Filing a medical malpractice lawsuit without a lawyer is certainly possible, but it’s not always the best course of action. An experienced medical malpractice attorney can help you navigate the legal process, build a strong case, and maximize your chances of success.