Legal Question in Medical Malpractice in New Jersey

medical malpractice

i'm having a hard time finding an attorney to accept my case. i'm have a worker's compensation attorney and a personal injury attorney. I strongly feel that i have a possible malpractice claim. my statue of limitation ends this july 2008. i'v been told it will be very expensive and also a lien has been placed for any 3rd party lawsuit. can i file suit on my behalf and represent myself and possibly find an attorney or even an expert witness during the waiting process as long has i have filed before the statue requires me to file. if i represent myself, i can save attorney cost and let the jury decided my faith. i had filed my disability claim without seeking an attorney and saving me attorney cost. there are some suits that require the expert knowledge of an attorney but in my case i'm having trouble finding an attorney.


Asked on 2/15/08, 8:54 pm

3 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: medical malpractice

I am licensed in both ny and nj and have med mal experience. If you are open to the idea of financing your own case, please contact me.

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Answered on 2/15/08, 11:09 pm
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: medical malpractice

Technically you may be permitted to proceed with a malpractice case 'pro se', but as a practical matter, this would be difficult to impossible.

If you believe you have a case, your efforts are best spent persuading a malpractice attorney to take the case. If you can't make an attorney see the merit of your case, you are unlikely to persuade a jury.

The time to act is NOW while there is still time on the statute of limitations.

If there is a lien, this will be need to be repaid and/or negotiated and decreases the value of any malpractice case.

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Answered on 2/17/08, 11:07 am
Scott Levinson Korybski & Levinson

Re: medical malpractice

While you can start a lawsuit without an attorney, I would caution you against it. Medical malpractice actions are typically costly, complex cases and you really should have legal representation before you start that process. It is not so simple to say that you will have a jury decide your fate. There are numerous medical records to obtain, experts to retain, and discovery legal proceedings to get through before it even reaches that point. There may or may not be good reasons why you are having difficulty finding an attorney to represent you, but I am unable to comment specifically on that at this juncture since your question does not indicate what the specific facts of your case are. My firm handles medical malpractice actions and I would be willing to speak with you to discuss this in greater detail. Please feel free to contact me on Monday at my office should you want to discuss this further.

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Answered on 2/16/08, 12:06 pm


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