Yes, from a legal perspective, you can file a malpractice lawsuit without an attorney. As far as the legal system is concerned, you can handle your own medical malpractice case without hiring an attorney, but if that's a good idea it's the most important consideration. Let's take a look at both of these questions in the context of a medical malpractice case, then let's discuss some other points to consider when trying to get the help of an attorney. Many medical malpractice cases involve significant harm to the patient, the need for costly long-term health treatment, and even the prospect of lifelong disability.
Add in the near certainty that you'll need to hire a qualified medical expert witness (a costly step), and it's easy to see how losing the case could be devastating. But it's not much more complex than a medical malpractice case. You'll have to prove complicated legal and medical problems, and you'll need to be prepared to refute the other party when they come to the table with their own medical tests. In addition, many states require medical malpractice plaintiffs to bypass certain procedural obstacles at various points in the case (more on this later).
Learn More About Why Medical Malpractice Lawsuits Are Challenging. As soon as a medical malpractice lawsuit is filed, the doctor's malpractice liability insurance policy will be activated, and that coverage almost certainly provides the representation of experienced defense attorneys. You are not going to deal directly with the health care provider; he or she will probably have very little to do with the case until the affidavit or testimony of the trial. Defense attorneys likely won't take your claims seriously unless you're represented by a qualified lawyer, and you're likely to soon find yourself out of reach when the time comes to argue your case and negotiate a fair settlement.
As with any type of legal matter, if you think you have a valid medical malpractice claim, it's best to hire an attorney who has experience handling cases like yours. In fact, an attorney's expertise can be particularly important when dealing with medical malpractice cases, for several reasons. As mentioned above, in almost every medical malpractice case, you'll need the help of a medical expert witness to help you establish liability. An experienced medical malpractice lawyer will be part of a network of professionals, doctors, consultants, medical experts who have served in a variety of cases, and other medical malpractice lawyers, and will use this network to hire the right medical expert for your case.
Second, from a procedural standpoint, medical malpractice cases can be unique (and quite complex) depending on the state you live in. You (and your lawyer) will need a good understanding of the procedural requirements you will need to meet before (or soon after) filing the lawsuit, including filing a certificate of merit, complying with the pre-lawsuit evaluation, and other special measures. An experienced medical malpractice lawyer will be very familiar with these rules and will know how to avoid difficulties and delays to keep your case going. Medical malpractice lawyers generally represent plaintiffs (the patient injured by medical malpractice) on a contingent basis, meaning that the lawyer's pay comes as a set percentage of what the plaintiff ends up receiving after a successful settlement or jury trial.
If the plaintiff doesn't receive a settlement or ends up losing in the trial, the lawyer isn't paid. But before you sign a contingency fee agreement, check to see if you'll have to pay things like filing fees and other costs. Learn More About How Medical Malpractice Lawyers Are Paid. In several states, laws limit the percentage a lawyer can receive in a medical malpractice case.
Some states, such as California, limit the contingency percentage as part of a sliding scale: the percentage of attorney's fees decreases as the amount of damages awarded to the plaintiff for medical malpractice increases. Some other states have similar sliding scale laws (although percentages and dollar amounts vary), including Connecticut, Florida, Illinois, New Jersey, and New York. In a handful of states (such as Arizona), the court may consider the reasonableness of a medical malpractice lawyer's fees if requested. You can use the contact tools on our site to contact a medical malpractice lawyer near you, or learn more about finding the right medical malpractice lawyer for you and your case.
Start Here to Find Personal Injury Lawyers Near You. No, medical malpractice cases are extremely difficult. In addition, insurance companies that defend health care providers are vigorously fighting these claims. Medical Malpractice Cases Are Difficult, Complex, and Very Expensive.
Health care providers pay thousands of dollars in malpractice insurance premiums each year. In Exchange, Insurance Companies Hire Aggressive Defense Attorneys to Fight Negligence Claims Filed Against Healthcare Providers. Unless you have an experienced lawyer representing you, you probably won't receive compensation for your injuries. Under DC law (the Medical Malpractice Procedures Act of 200), all named parties must participate in mediation in medical malpractice cases.
Questions about statutes of statute of limitations should be directed to an attorney familiar with medical malpractice law, as only a Virginia-based medical malpractice lawyer is qualified to provide you with a correct analysis of how the relevant laws affect your claim. An Experienced Commonwealth of Virginia Medical Malpractice Claim Attorney Can Help You Breathe Better. This decision serves as a reminder that litigating medical malpractice cases involves a unique set of skills, and having an attorney experienced in handling these complicated lawsuits early in the process is beneficial for many reasons. First, a plaintiff and his NoVA medical malpractice lawyer must use a variety of evidence (including expert testimony and medical records) to prove that negligence occurred; that is, a health professional's behavior negligently departed from the accepted standard of care.
In general, if you file a lawsuit regarding medical malpractice in the state of Virginia, you will have to file it within a period of two years after the actual incident. For reference, the following list highlights some of the most common examples of possible medical malpractice. However, it's also important to understand that there are several circumstances that can extend the actual statute of limitations for your NoVA medical malpractice case. You should contact a Virginia medical malpractice lawyer who can help you understand how malpractice laws may apply to your case and to discuss all of the options that are available to you, as well as your unique factual scenario.