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Personal injury , malpractice issue. Time running out to file. Is there something simple to file to avoid missing out?

Huntsville, AL |

I live in Alabama and have been struggling to get well with no relief. I feel no one wants to sue local doctors for obvious mistakes. I have wanted to file but keep getting run-around when trying to find someone to help represent me. Time just keeps on ticking. Can a simple complaint be filed to keep me from going over the deadline? Can I file it myself?

Attorney Answers 5


  1. There is no such thing as a simple complaint. No, do not represent yourself. Be persistent. If you are having problems retaining an attorney, you may not have a strong case. Attorneys who do a lot of malpractice, don't usually have issues suing local doctors.Good luck to you.


  2. It is in your best interest to have an attorney. What you feel may be an "obvious mistake" might not be one at all and simply might be a known risk associated with whatever procedure you had. You will need expert medical testimony to back up your claims of malpractice, and I guarantee that without an attorney, you have little chance of finding such an expert to help you.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


  3. Generally speaking, every medical malpractice plaintiff has to prove the doctor breached the standard of care, and that the breach of the standard of care caused the damages in the case. And in all but the most obvious cases (wrong limb amputated, for example), expert physician testimony "to a reasonable degree of medical certainty," is required in order to prove these things. A litigant who does not produce such expert physician testimony on standard of care, breach, and damage causation will in all probability have his case dismissed without ever going to trial.

    Not legal advice, just my two cents. I neither practice law in Alabama or hold licensure there. Consult Alabama counsel if you need legal advice. I practice in Vermont ONLY.


  4. When it comes to medical malpractice there is no one size fits all approach. If you are having trouble finding a local attorney then try looking in a nearby city.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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