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Is it Wise to Handle Your Own Medical Malpractice Lawsuit

Can a person handle his or her own medical malpractice case in New York? Even though a person is legally allowed to handle his own case, it would be highly impractical to do so, due to several reasons. Unless the person knows how the litigation process works and all the rules and regulations that go into handling the procedural issues of a medical malpractice lawsuit, the person should not handle such a matter on his own.

Confirmation by a Medical Expert

For instance, in a medical malpractice case in New York, it is first necessary to have a medical expert to review your records. After the expert has reviewed your medical records, he will have to confirm that there is:

· Liability - Somebody has done something wrong to you

· Causation - Somebody has caused you injury

· Damages - Your injuries are significant or permanent

The doctor or medical expert reviewing your medical records has to confirm each one of these elements. If you are unable to attain such confirmation from an expert then you cannot go ahead with your lawsuit. Hence, the person must have full understanding of the documents that necessarily should be prepared to get the lawsuit started.

Complexity of Legal Procedures

The victim who is filing the medical lawsuit will need to know a whole lot of legal procedures, terms, and what they mean. For instance, he will have to know what is a summons and a complaint. He should be familiar with the different causes of action that should be put in a particular type of legal language. All the documents should be in order so that the person's legal rights are not violated.

If there is a single technical mistake, the whole procedure will have to be done again or there are chances of the lawsuit itself being rejected by the court. Secondly, the person will need to know, how much time people have, to answer those documents that have been sent to them. Moreover, most importantly, the person will have to know how to serve the documents to the people who are being sued. Does the person know how much time the defense has to reply to the complaint? The person will also have to know what a notice of medical malpractice action is.

Trying to be an Attorney? A Terrible Mistake

Then there is the discovery and deposition procedure before the actual trial begins. The person will have to know what discovery items must be exchanged, and what questions can be asked at the deposition. The person should know how the deposition is conducted, and what objections can be raised at the deposition. If the person is not familiar with all the procedural steps that have to happen in the particular medical malpractice case, then the person will encounter many obstacles, and some can be very hard to overcome.

Most people do not have all this information or knowledge and they need to rely on an experienced lawyer to handle all this stuff. Therefore, you could handle your own medical malpractice case, only when you have sufficient knowledge of the entire litigation procedure and the capability to fight the case at trial or possibly avoid a trial which is what a solid lawyer can possibly do for you.

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