A few people think it is easy to handle their own personal injury cases, and claim compensation based on their own efforts. However, this is a big mistake since personal injury cases can be highly complex involving the law, insurance situations, medical issues, and so on. If you go ahead and start a lawsuit without consulting an experienced medical malpractice attorney, without having a certificate of merit, then your case will run into significant problems at the moment of inception.
Before Filing a Medical Malpractice Lawsuit
Do you know that you can file a medical malpractice lawsuit in New York only after a medical expert has reviewed your records and confirmed that you have a valid lawsuit? Therefore, this will be your first major hurdle. You will have to find a medical expert, who agrees to review your case and find it valid. This is normal operating procedure for an attorney; how would you even start down this avenue? A total laymen.
After Filing a Lawsuit
Suppose you manage to start a lawsuit on your own, but you have not filed a notice of a medical malpractice action. You have just taken a strike against your case. You definitely need an experienced medical malpractice attorney to guide you so that your case is not walking through a legal minefield. Any wrong step you take after making a mistake like this could just cost you your case.
What Questions to Ask at a Deposition
The next thing you need to watch out for is the questions you will need to ask the doctor at the deposition. This is a question and answer session held under oath before the start of the trial. If you do not have a tremendous amount of experience in questioning doctors in this type of scenario, you are going to have huge problems proving that you are more likely right than wrong, and proving what the doctor created was the cause of your injuries.
Without having an experienced attorney helping you, guiding you, coaching you, and showing you what to do, you are going to be at a significant disadvantage. Just imagine trying to do this while you are trying to manage your job, family concerns, medical issues, and so on.
On the other hand, the doctor you are suing is going to have the best attorney, and you will be no match for his professional expertise and questioning techniques.
Do not Try this at Home
If you are considering handling your medical malpractice case on your own, you are going to run into a legal battlefield and most likely you will be chewed up and spit out. You do not want to see a valid medical case discarded for reasons such as this. Even if you do not care for attorneys that much, in this case, literally, you better find one who is on your side and ready to get their hands dirty for you.
Additionally, you are not going to find many experienced trial attorneys who are going to spend the time to guide and assist you if you are planning to do it on your own. What is the incentive for them to do this? Most likely this is not a charity case.
Therefore, your best option would be to find the best medical malpractice attorney, and enable such an attorney guide you and handle your legal issues while you deal with the occupational, financial, and medical ones yourself. Knowing how to multitask is one thing but knowing when to ask for help is a sign of maturity and that you have logical fortitude. You do not want to waste this opportunity; you will not have another chance to submit this lawsuit.