The clerk of ct says Plaintiff can't file an answer to the defendants answer to my complaint due to Ma. Civil rules of procedur

Asked over 1 year ago - Franklin, MA

I filed a medical malpractice lawsuit pro se. How do I file a rebuttal to the defendants ridiculous answer to my complaint?

Attorney answers (6)

  1. Josh P Tolin

    Contributor Level 19

    11

    Lawyers agree

    Answered . You don't. If you think you can represent yourself in litigation, your question indicates otherwise. You don't file rebuttal to an answer to your complaint. Hire counsel. There are motions you can file, but find someone licensed in MA to handle for you.

  2. Emma A. Kremer

    Contributor Level 15

    7

    Lawyers agree

    Answered . You really should retain counsel to help you with your medical malpractice case because they are very complex cases and can result in high settlements whether through insurance or prior to litigation if you have a strong case, and potentially even from a jury award. Without an attorney it will be hard to get what you want out of this litigation and most medical malpractice attorneys take such cases on a contingency basis meaning you pay little if anything up front. If what the defendant's answer has done is essentially defeat your claims then you can file a motion to amend your complaint. I highly recommend consulting an attorney. Best of luck.

    Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.)... more
  3. William T Harrington

    Contributor Level 14

    5

    Lawyers agree

    Answered . Your question shows you do not know what you're doing. You need to hire counsel and, most likely, retain a medical expert who believes there was malpractice. If you cannot find an attorney, that should tell you that your claim isn't as good as you think.

    My responding to your question does not create an attorney-client relationship. Also, please keep in mind that I... more
  4. Andrew Daniel Myers

    Contributor Level 20

    5

    Lawyers agree

    Answered . As a plaintiff's attorney I always find defendant's answers to my complaints ridiculous. But, these are cookie cutter papers cut out of templates. Rather than getting bent out of joint about it we step into the next phase, which is discovery. I have to join with the other good Massachusetts AVVO attorneys who have cautioned you against doing-it-yourself on a medical malpractice case. Expect a dispositive motion. Find counsel now before your case hits the bricks. Here's more: [Blue-Link-Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  5. Matthew C Simon

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . You dont file any response to the Answer. You submit questions back and forth or request documents. You can also request admissions, Subpoena documents, and take depositions. I agree with my colleague. These types of cases are very time sensitive and have strict requirements. You really need to seek an experienced malpractice attorney ASAP. Many offer to work on a contingency basis with no money up front. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  6. Henry Lebensbaum

    Contributor Level 20

    2

    Lawyers agree

    Answered . YOU DO NOT.
    YOU CAN MOVE TO STRIKE.


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