The statue of limitations is about to run out to file for wrongful death due to medical malpractice, in my mother's death. How do I word the complaint so it is coorect and how do I file it pro se , so I can have more time to look for an attorney.
Car / Auto Accident Lawyer
Medical malpractice cases are extremely complex and difficult to successfully litigate. The best advice would be for you to find an experienced medical malpractice attorney in your area who has a proven track record of success (don't be afraid to ask how many cases they have successfully tried before a jury). Medical malpractice attorneys generally work on a contingency fee basis, meaning you do not have to give them a retainer up front. Although you may not want to pay a lawyer, statistics prove you will do much better with proven legal counsel even after his/her fees are paid. Given the legal complexities (not to mention medical complexity) of a medical malpractice case, you may not even get out of the starting block without an attorney and could potentially lose your claim forever if you allow the statute of limitations to pass. In the event you have consulted with multiple malpractice attorneys already and cannot find one who will take your case, it could be that it is not legally or economically feasible to pursue your claim. Most attorneys offer a free consultation to evaluate your claim. Good luck.
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Car / Auto Accident Lawyer
I'm licensed in Nevada, but this answer should apply in Tennessee as well.
Of course, no attorneys here (or anywhere) are going to recommended that you represent yourself in a case with such difficulties as a medical malpractice case. It looks like Tennessee requires a person filing a medical malpractice complaint will have to comply with Tennessee Code 29-26-122 which requires the filing of a Certificate of good Faith. Please see that statute or the article from the Tennessee Bar Association at http://www.tba.org/journal_new/index.php/component/content/article/104 for further information on this requirement.
As you can see, it is vital that you understand these rules and should make every effort to retain an attorney as soon as possible.
Hope this helps.
/s Donald Kudler
Personal Injury Lawyer
Tennessee has procedural hurdles that must be met before a lawsuit can be filed for medical malpractice. These hurdles are very technical and if not done correctly, the lawsuit can be thrown out. The best thing you can do for you and your family is to find a Tennessee medical malpractice attorney to assist you with these issues. Make sure the attorney has experience with medical malpractice cases, because most lawyers will not have a proper understanding of all of the technical requirements for filing a medical malpractice lawsuit.