Legal Question in Medical Malpractice in New York

Medical Malpractice Law - Pro Se Plainitff

First, you should ask for an adjournment.You can do this by obtaining the consent of the partymoving for summary judgement, or you can show upon your court date and ask the court for time.Either way, you are better off asking the other side first,even if you must go to court to get the extension.

In terms of asking the Court to appoint an expert for you, I believe this is solely your responsibility. Thecourt is the determiner of fact and must remain impartial.

I would suggest calling your local bar association and askingif there are any pro bono legal clinics where you might obtainassistance in submitting papers. Also most attorneys that representindividuals that are victims of malpractice take cases on a contingencybasis, i.e. you don't pay unless there is a recovery and then the firmsreceives a percentage of the recovery, usually 33 1/3 plus expenses whichcome off of the top. So, if you haven't already, you should consult withattorneys in your area to see if anyone will take your case.

What you need is an affidavit from a doctor who will attest to your having a meritorious claim of action.

The best expert you can get is your current treating Dr.

If he agrees that you have suffered malpractice and istreating you for your current injuries, he will be in thebest position to help you. You can then ask the Dr. tosubmit an affidavit with your opposition papers in orderto defeat your pending summary judgement motion.

Good luck,