The Rise of DIY Projects
With all the information and tutorials available online, more people are willing to research and dive into a project and go the “DIY” route. For some projects that are straightforward, like changing your car’s oil or fixing a clogged drain, the information and video tutorials you can find online can help even the most novice user accomplish their job effectively.
Can You DIY Legal Issues?
For legal issues, there may be a place for the DIY mindset. Certain types of documents, such as a health care proxy, are widely available as samples online, and it may be possible to create an effective document for yourself with a little research.
It can also be technically possible to do that with a personal injury or medical malpractice case. Although each case is fact-specific, there are certain rules and procedures that every case must follow.
Determining If Your Case Has Merit
For a medical malpractice case, the first thing a DIY client must do is to determine if the case has merit and is worth pursuing. The deadline to file a case is also important to note, as a Court may dismiss a lawsuit that is filed too late. Normally, you have 30 months from the time of the malpractice to start the lawsuit. If you are suing a governmental entity, such as a publicly owned hospital, that timeline is shortened drastically, and certain steps must be done before a lawsuit can be filed.
Assuming you have enough time to file a lawsuit, you must get confirmation that you have a viable malpractice claim. That is done by obtaining the relevant medical records and hiring a medical expert to review those records and offer an opinion that:
- The medical care received was below the accepted standards of care.
- The injuries sustained were a result of the substandard care.
Navigating the Legal Process
After determining you have a good malpractice claim, you must figure out the appropriate people and facilities to sue. Your expert can help by pointing out which doctors or medical professionals gave substandard care and which hospitals or medical facilities would be responsible for that care.
The first document you must draft when starting a medical malpractice case against a non-public medical facility or private medical professional is the Summons and Complaint. This document notifies the Defendants of the malpractice details and injuries sustained. The Summons and Complaint must be served on the Defendants, either personally or in compliance with the rules governing service. Service of process companies ensure all rules are followed so no one can question proper service.
Once the papers are served, the lawsuit officially begins. The first phase, Discovery, involves exchanging necessary documents and medical records. A DIY plaintiff must file specific documents with the Court, including a Notice of Medical Malpractice and a Bill of Particulars. A plaintiff will also request a conference with the Court to schedule depositions. Depositions of all named Defendants and the Plaintiff are conducted to gather information, clarify treatment, and evaluate witnesses.
Settlement Discussions and Trial Preparation
Once discovery and depositions are complete, the Court requires notification that the parties are ready for trial. At this stage, settlement discussions may take place. However, settlements in medical malpractice cases often require the consent of the insured doctor, unlike motor vehicle accident cases. If no settlement is reached, the DIY Plaintiff must prepare for trial, including jury selection, assigning a judge, and presenting evidence according to court rules.
Challenges for DIY Plaintiffs
A DIY Plaintiff may rely on research and sample documents, but each medical malpractice case is unique. Deadlines missed, rules not followed, and protocols violated can doom a case before it even begins.
The most critical aspect of a medical malpractice lawsuit is gathering admissible evidence to pressure the Defendants into considering settlement. Without this pressure, many Defendants will choose to fight the case to the end. Evaluating a medical malpractice case is not an exact science, as different experts may have varying opinions. This adds an additional layer of complexity for a DIY Plaintiff.
Let Us Be Your Advocate
At my office, I am in your corner against defense attorneys and insurance companies. Pursuing a successful malpractice claim requires more than tutorials and sample documents. Call my office today to schedule a strategy session and determine the best course of action in your pursuit of justice and rightful compensation.