Legal Question in Medical Malpractice in Texas

Can victim of medical malpractice file their own lawsuit?

I believe the orthopedic surgeon who operated on my shoulder the first two times deviated from the standard of care both times by using a contraindicated medication postoperatively. I have since had to have a salvage procedure by another surgeon and now am disabled. I've since found out the first surgeon was addicted to methamphetamine. Being unable to find legal representation, I want to investigate bringing this suit myself. Is this possible?


Asked on 12/14/06, 8:58 am

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Can victim of medical malpractice file their own lawsuit?

In a word, "No." While it is legally permissible for one to represent oneself in a lawsuit, you would nevertheless be held to the same rules, regulations, and procedures that an attorney would. Medical malpractice cases are extremely complex, so much so that only a very small percentage of attorneys even know how to handle them. Of course, the doctor's insurance company would have only the most skilled attorneys opposing you. They would lay so many traps for you that it is doubtful your case would survive long enough to get to trial. By the way, if more than one attorney has declined to represent you, it is most likely that you do not have the case you think you do. Perhaps you should listen to them.

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Answered on 12/14/06, 1:24 pm


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