Do I need an attorney to file a malpractice suit?

Asked over 1 year ago - Moreno Valley, CA

My last child was stillborn due to the negligence and/or failure to diagnose from several physicians/hospital. Our statue of limitations will be up in less than a week. Do I need an attorney or can I file on my own?

Attorney answers (3)

  1. Kenneth Lee LaBore

    Pro

    Contributor Level 15

    7

    Lawyers agree

    Answered . You need an attorney to handle this matter as medical malpractice is very complex and has requirements in the pleadings that other cases do not. I am not sure in California but you generally need to have consulted with an expert who is qualified to testify on the issue of neglect and causation.

    I would contact a local attorney TODAY to protect your rights

    Good Luck

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  2. David J. McCormick

    Contributor Level 20

    6

    Lawyers agree

    Answered . Medical malpractice cases are complex, even for experienced attorneys. So yes, contact a local medical malpractice attorney ASAP.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . If you only have one week you need to act quickly. It will be hard to find a lawyer willing to investigate your case and take it on as a lawyer must comply with the pre-filing requirements of CCP 364.

    Consult an attorney immediately. The statute of limitations for any claim is not always easy to determine. An attorney could, at least, prepare the complaint for you in pro per to protect the statute. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more

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