The Struggles in Suing a Hospital for a Malpractice Case Without the Help of an Attorney

The Struggles in Suing a Hospital for a Malpractice Case Without the Help of an Attorney


Did you know that it is possible to sue for medical malpractice without an attorney? It is possible – but it is a terrible idea. Below we reviewed the ins and outs of why it might be a bad idea.

Medical malpractice is always a bitter pill to swallow. You go to medical professionals for help at times in your life when you need it most. You are suffering and in pain, and if they do not treat you accordingly, that pain and suffering can both continue and get far worse. You have every right to sue the people who make your injuries worse, either through negligence or misdiagnosis. Whatever the reason, you can choose to sue the hospital that did not treat you correctly in a medical malpractice case, and you do not even need to hire a lawyer.

When to Sue a Hospital for Medical Malpractice?

You can only sue a hospital for medical malpractice if they failed in their duty of care to you. This means that you must have been a patient there and you must have suffered further injuries or pain because of their sub-par treatment of you. Running your own case to sue a hospital for medical malpractice takes the same three-stepped approach as an attorney would take. 

First, you must prove you were a patient who attended the hospital. Second, you must prove that the way staff treated you was lacking. This might mean proving their misdiagnosis made you worse, or that the surgical team damaged another organ while they were operating. This constitutes proving there was a breach of their duty of care. The last part of your case should lie in proving that your health condition was worse after you attended the hospital than it was before you arrived, or that the treatment you received provided additional unnecessary suffering.

Can you Sue a Hospital Without an Attorney?

Yes, you can file a case for medical malpractice by yourself. You can do this if you can’t afford a lawyer, although just because you can sue for medical malpractice without an attorney, doesn’t mean that it’s a good idea. Find a lawyer with a contingency fee (no win, no fee) or who will take your case pro bono. Representing yourself in a busy courtroom is always a mistake.

Why You Should Not Represent Yourself?

There are so many reasons why it is better to hire a lawyer to help you. If your pipes burst and your house flooded, would you try to fix it yourself or would you hire a plumber? It is the same thing. A lawyer knows the ins and outs of the job. They have connections, they know which judges favor which types of evidence, and how to make the most of your compensation claim. 

When you represent yourself, you open yourself up to a world of stress as you try to meet deadlines and file the correct paperwork. Asides from the stress, the hospital will have a whole team of lawyers on their side, ready to swat you down. 

Hire a lawyer for medical malpractice lawsuits. It is simply good common sense.

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