Finding a Medical or Dental Malpractice Lawyer
Now that you have determined you were injured by a doctor’s negligence, do you go to his office or write him a letter saying: “Your negligence has caused me terrible suffering and financial loss. Have your insurance company get in touch with me to discuss a settlement.” No. The doctor will only show you the door and call his malpractice insurance company. He may even try to talk you out of suing him. Or, an adjuster from his insurance company may go to your home and get you to sign away your rights for a small, quick settlement.
Can you handle your own medical malpractice or dental malpractice case and save a lawyer’s fee? You know what happened better than anyone except the doctor. Why can’t you manage your own case and avoid having to give 33 to 40% of your award to the lawyer? Theoretically, you can prosecute your own case from start to finish, win big, and keep every dollar. Everyone has the right to represent himself in a legal proceeding. In practice, you do not have a chance of winning, if you do not have a good lawyer, because:
1. Medical malpractice and dental malpractice lawsuits are complex. They involve legal technicalities, which vary from state to state and even from court to court in the same state. Only a trained lawyer, familiar with the law in the state where you are suing, can advise you and guide you safely through the intricacies and pitfalls of a medical or dental malpractice case.
2. The do-it-yourself law books and legal websites tell you how to handle your own money or legal matters in which there is no real dispute. A medical malpractice or dental malpractice case is another matter. You are going after someone else’s money; there is a dispute, and the doctor’s malpractice insurance company has unlimited funds to hire good lawyers. You would have a difficult time going up against skilled defense lawyers.
3. Representing yourself in a legal proceeding is known as going pro se, and even experienced lawyers do not represent themselves, because you cannot keep a cool head if you are emotionally involved. It would be easy for an opposing lawyer to provoke you into making disastrous mistakes that could result in your case being dismissed With Prejudice, which means that you cannot ever bring it again.
4. If an experienced lawyer thinks your case has merit, and accepts you as a client, you are protected against the possibility of a countersuit by the doctor.
The Rule Is: Once you have decided to go ahead with your medical malpractice or dental malpractice lawsuit, your first move should be to find a competent lawyer.
JD.MD is proud to serve the U.S. and Canadian legal communities in helping determine if a malpractice case has merit. Malpractice lawyers can contact us at www.jdmd.com or by calling toll-free 1-800-225-5363.