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I am trying to attain an attorney for my possible medical malpractice case. I need help preparing motion not to strike, Pro Se

Americus, GA |

As of now I am pro SE, my first hearing in two weeks. The attorney from the hospital is moving to strike because I do not have an expert medical statement or attorney, both of which I am working hard to acquire. I am in Georgia and most of the physicians I have researched are employed by the same monopolized hospital network that employs the physicians I am filing against, If I could just have some advice in preparing my motion not to strike as where I can have some more time time to get an expert analysis of my records as well as an attorney. Thank you for you time.

Attorney Answers 5

Posted

The time to get a lawyer was before the case was filed. You won't likely get a lawyer volunteering time for you. Your chances at any win in the case without a lawyer are exactly zero and you won't likely get past this motion. Meet with qualified lawyers immediately to take the case. if they say you have a bad case, listen to them.

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Posted

If you are trying to get an attorney to help you do a medical malpractice case fir free after you have likely compromised your claim with a uninformed "do it yourself" approach, you are not likely to succeed.

Also, most attorneys don't do pro se work except for very poor clients with a civil rights claim that may affect many similarly situated people, or certain limited areas of law (housing, criminal, domestic violence, etc. I've never heard of lawyers taking on malpractice cases pro bono.

However, many times attorneys will do personal injury and even medical malpractice cases on a contingency basis where you pay nothing unless you get a judgment, for a cut of the judgment usually from 25 - 50% of the award. You may find attorneys willing to sue local doctors in a city a couple of hours away where they don't care so much what the local good old boys at the Country Club think of them.

Hope this helps.

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1 comment

Jack Richard Lebowitz

Jack Richard Lebowitz

Posted

In paragraph 2 I meant "pro bono", not "pro se"

Posted

Lawyers don't really do consulting work, for two main reasons. First, it's rather akin to asking a plumber to come over to show you how to unplug your drain (and borrow his tools to do it). Second, this sort of arrangement poses a lot of ethical problems that I, for one, wouldn't be willing to invite, and I imagine Georgia has similar enough ethical rules that attorneys there may feel the same.

I empathize with your position, though, and you may find a lawyer who's willing to help you on a pro bono basis. Even then, though, they're going to handle the representation -- not help you represent yourself. Ethics, and all of that.

You've taken a really, really huge step in asking this question, because it means that you recognize that you're in over your head. This recognition, however, should be prompting you to use avvo's search feature to find and hire one a lawyer, not use its Q&A feature to seek help from lawyers in how to best avoid their help.

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3 comments

John Joseph Westerhaus

John Joseph Westerhaus

Posted

Edit -- contingency basis, not pro-bono, since this is a civil suit and not a criminal one. (Pro bono representation is extremely unlikely in this sort of scenario, though not impossible)

Jack Richard Lebowitz

Jack Richard Lebowitz

Posted

Great answer!

John Joseph Westerhaus

John Joseph Westerhaus

Posted

Thanks, Jack :)

Posted

The odds of winning a medical malpractice case pro se are zero. If you filed without an expert affidavit, which attorneys obtain every day, you either had no case or did not know what you were doing. You have an emergency and need a lawyer today. Let me repeat that - TODAY. Spend teh day calling lawyers in your area. This is as far from a do it yourself project as you can get.

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Posted

Don't sabotage your case by trying to handle it yourself. If you have a weak case and you couldn't get a malpractice lawyer to represent you, best bet is to offer a retainer fee to cover up-front costs, so the lawyer isn't out of pocket.

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