How to File a Medical Malpractice Lawsuit Without a Lawyer

Did a doctor make a mistake while treating you? Did they cause you harm as a result?

If so, you can file a medical malpractice claim. This is a legal action against a member of the medical profession for committing negligence in the course of their duties.

Unfortunately, medical malpractice lawsuits can be challenging to pursue, as lawyers can be expensive, but you shouldn't let this deter you. In this post, we'll go into more detail about how to file a medical malpractice lawsuit without a lawyer. Keep reading to learn more!

Research Your Case

It is essential to make sure that you understand your state's laws and regulations and understand what legal rights may apply to your case. Research the relevant laws in your state before filing your complaint. Rules governing medical malpractice cases may vary from state to state.

Investigate the medical professional and their level of experience. This is important in establishing whether the standard of care was met.

It is also essential to research any past medical malpractice cases involving the medical professional and document any potential awards or settlements. Furthermore, writing your injuries and researching insurance coverage is crucial in formulating your medical malpractice case.

Draft a Complaint

Drafting a complaint includes gathering evidence to support your claim, researching the laws in your state, and finding the appropriate court for filing the complaint. When gathering evidence, use all available information relevant to the case, including medical records. It is important to make copies of all forms, as original documents will be required for filing.

Once you find the appropriate court to file your complaint, you must contact the clerk of that court to confirm the filing process and fee. You will then need to fill out the complaint and include an explanation of the malpractice, damages, and other information as required.

Notify the Defendant

It is necessary to ensure the defendant is made aware of the potential lawsuit and has time to consult with legal advisors before any action is taken. To notify the defendant, obtain the correct address and name of the defendant from the records of the facility they are employed.

Then, write a formal letter including a detailed description of the incident, the associated dates, and all parties involved. Be sure to include a statement affirming that a lawsuit is being considered and a demand for a financial award. If damages are sought, provide a reasonable amount for the damages.

File the Complaint

The complaint should include the patient's name, the name of the medical professional or facility involved, and the details of the malpractice that occurred. The complaint should also include information about how the malpractice affected the patient's life and any medical bills or lost wages associated with the incident.

The complaint should be filed in the jurisdiction where the negligence occurred, and any statute of limitations for the lawsuit should be considered before filing. In some jurisdictions, the court may require the patient to notify and offer to settle the claim before filing a medical malpractice lawsuit.

After filing the necessary paperwork, you may want to send a demand letter that outlines your injuries and includes a request for compensation. Visit Rikard & Protopapas to assess your case and advise on the next steps.

Serve the Defendant

The plaintiff (person filing the lawsuit) is responsible for formally delivering a "summons" to the defendant, typically someone who provided medical care or a medical facility. This document outlines the date and description of the medical malpractice claim and informs the defendant that they are being sued for their actions.

Service of process can be accomplished by the plaintiff in several ways: hand delivery, delivery to a representative of the defendant, first class mail, or posting on the defendant's property. After the defendant is served, they typically have 30 days to file an answer or respond to the lawsuit. Failing to serve the defendant properly can result in the case being dismissed.

Respond to Motions

Once you are served with a motion, you must file a response with the court. This response should explain why you believe the action should not be granted and should cite any relevant legal authority. Any evidence or testimony you would like to introduce should be included in the response.

Once you have filed your response, a hearing date may be set. You must appear in court and explain why the motion should not be granted. At this hearing, you may also ask the judge to consider any evidence you have included in your response.

Pre-Trial Conference/Mediation

A pre-trial conference/mediation is an essential step in the process. First, parties must provide the court with necessary documents proving the medical malpractice occurred, such as medical records and evidence of economic damages. After the pre-trial conference, the court typically sets a date for trial, and any pretrial rulings may be made.

After both sides present their cases, the judge will ask the parties to mediate. This can involve meeting face-to-face to try to reach a settlement or using technologies such as video conferencing to negotiate a payment if the parties cannot meet in person. Even if the parties get an agreement, they should put it in writing and have it approved by the court.