Medical Malpractice: Hiring a Lawyer Mid-process

by Kristen White Blogger

There are instances whereby a victim may file a lawsuit without the help of a lawyer. However, it is possible that the victim may realize how complicated the process can be and decide that they want to enlist the services of a lawyer after all. This is especially true when it comes to medical malpractice claims, which can be some of the most complicated personal injury claims. This article will discuss hiring a lawyer to handle a medical malpractice claim after filing it on your own.

When a victim decides to file a lawsuit without an attorney this is referred to as being filed pro se. Many plaintiffs have a number of reasons why they may choose to take legal action without a lawyer. Some of these reasons include, that the individual may:
Not be able to afford a lawyer
Believe that they can handle the case on their own
Be faced with important deadlines such as the statute of limitations
It is often the issue of the statute of limitations that makes the plaintiff move to filing their own lawsuit. By definition the statute of limitations is “any law that bars claims after a certain period of time passes after an injury.” This period runs from the date the injury happened or was discovered or would have reasonably been discovered. Once the statute of limitations deadline has lapsed, the plaintiff can no longer file a valid claim. Therefore, rather than risking to miss this deadline an individual may file an imperfect complaint and then try to enlist the help of a lawyer somewhere down the line.

Many states allow a plaintiff to freely amend their complaint, however, such amendments are included in the state’s civil rules of procedure and specify when a complaint may be amended. However, in some situations if the amendment is delayed the plaintiff may be required to get permission from the other party or the court before being able to amend their complaint. When permission is required by the court, the individual needs to make a motion to the court and support their request with the appropriate case law why the court should grant the request for an amendment.

Truth be told, ‘medical malpractice claims are some of the most complicated personal injury cases to file’. They involve alleging that a healthcare professional strayed from the acceptable standard of care in the healthcare industry and in some way led to the injury of the plaintiff. Often these cases require an expert witness to explain what the health care provider should have done based on the situation and what other healthcare professionals would have done in the same situation with the same experience and in the same practice area of the accused healthcare professional. Medical malpractice laws are also very complex to understand and work around into an argument. As a result, they require experienced medical malpractice attorneys.

A medical malpractice lawyer will assess surrounding circumstances and draft the complaint with the necessary statements of fact and requests. To find best attorney for personal injury medical malpractice cases, seek out a law firm handling medical malpractice cases.

Resource Box: For a free attorney consultation near me , the author recommends The Crowson Law Group.