representing an elderly disabled parent pro se

[MJ_Smith]

What is the name of your state (only U.S. law)? Georgia

1) I want to file a med mal and/ or product liabililty complaint for my father who is blind and 89 yrs old. Do I need to file papers with the court or just list myself in the plaintiff box.

2) How would I subpena doctors office purchases of the drug given to my father. The office will not give me the lot numbers of the drug that did the damage.

3) Do I need an medical expert witness affidavit attached to the complaint or can I give that to the court later?

4) Do I need legal software if the county I would file in has e-filing?

5) One lawyer told me that the defendant's attorney could ask me to pay their legal fees if I lose my father's case. Is that true?

6) I am having trouble getting a 2nd medical expert witness. Any suggestions? The first agreed that duty was met and that the doctor breached the standard of care but I have nothing in writing from him. The lawyer who arranged for him to give his opinion has said he would not be a good witness. He may sign an affidavit but I would have to draft it... and not sure what that entails.

7) How does one introduce data into the record in the courtroom if I cannot afford to have expert witnesses? Can I introduce medical data and interpret the medical records for the jury? If so, could the other side cross examine me? What is the name of your state (only U.S. law)? Georgia

 

[Proserpina]

What is the name of your state (only U.S. law)? Georgia

1) I want to file a med mal and/ or product liabililty complaint for my father who is blind and 89 yrs old. Do I need to file papers with the court or just list myself in the plaintiff box.

2) How would I subpena doctors office purchases of the drug given to my father. The office will not give me the lot numbers of the drug that did the damage.

3) Do I need an medical expert witness affidavit attached to the complaint or can I give that to the court later?

4) Do I need legal software if the county I would file in has e-filing?

5) One lawyer told me that the defendant's attorney could ask me to pay their legal fees if I lose my father's case. Is that true?

6) I am having trouble getting a 2nd medical expert witness. Any suggestions? The first agreed that duty was met and that the doctor breached the standard of care but I have nothing in writing from him. The lawyer who arranged for him to give his opinion has said he would not be a good witness. He may sign an affidavit but I would have to draft it... and not sure what that entails.

7) How does one introduce data into the record in the courtroom if I cannot afford to have expert witnesses? Can I introduce medical data and interpret the medical records for the jury? If so, could the other side cross examine me? What is the name of your state (only U.S. law)? Georgia

I'm going to be very blunt here.

You really cannot afford to even attempt a medmal suit without an attorney; if you cannot find an attorney to take your case (and they will do so on a contingency basis) then that suggests that you do not really have a case.

Medmal suits are incredibly expensive to litigate; hence they tend to go ahead only if there is a good chance at a decent award.

You also cannot act as your father's attorney unless you actually ARE an attorney.

Pro Se is NOT advised.

 

[CourtClerk]

Is there something in GA law I don't know about that allows you to represent litigants when you are not an attorney?????

 

[Proserpina]

Also, OP, an affidavit won't do it.

An affidavit cannot be cross-examined.

This is why suits are expensive; medical experts are required and they cost an awful lot of money.

 

[JessiesGirl]

Do not attempt this Pro Se. It is expensive and time consuming and you will not win no matter how hard you try. I think what you are trying to do for your dad is commendable, but if he had a case, an attorney would take it on contingency (meaning you don't pay unless you win).

I am curious as to what is wrong with your father, and why you believe he has been harmed. I worry that the "expert" that won't write down and sign his opinion (and probably won't testify) isn't really an expert.

Best wishes in your endeavor to help your father.

I've endured a med-mal lawsuit (as the plaintiff) and won. However, it cost me so much more than money and time. If you want to PM me, you are welcome to.

Kathy

 

[tranquility]

A person other than the one harmed is not "pro se".

You cannot file suit unless you are an attorney.

 

[ElvinMelvin]

What is the name of your state (only U.S. law)? Georgia

1) I want to file a med mal and/ or product liabililty complaint for my father who is blind and 89 yrs old. Do I need to file papers with the court or just list myself in the plaintiff box.

2) How would I subpena doctors office purchases of the drug given to my father. The office will not give me the lot numbers of the drug that did the damage.

3) Do I need an medical expert witness affidavit attached to the complaint or can I give that to the court later?

4) Do I need legal software if the county I would file in has e-filing?

5) One lawyer told me that the defendant's attorney could ask me to pay their legal fees if I lose my father's case. Is that true?

6) I am having trouble getting a 2nd medical expert witness. Any suggestions? The first agreed that duty was met and that the doctor breached the standard of care but I have nothing in writing from him. The lawyer who arranged for him to give his opinion has said he would not be a good witness. He may sign an affidavit but I would have to draft it... and not sure what that entails.

7) How does one introduce data into the record in the courtroom if I cannot afford to have expert witnesses? Can I introduce medical data and interpret the medical records for the jury? If so, could the other side cross examine me? What is the name of your state (only U.S. law)? Georgia

Bottom line is if you need to ask these questions you are not qualified to do this.

 

[ecmst12]

Step one: Go to law school.

Step two: Pass the bar.

Step three: Get a job at a firm where you can get experience in medical malpractice cases, and make enough money where you will be able to pay the expert witnesses.

See where I'm going here?

 

[LAWMED]

Even if you could file pro se for someone else, pro-se malpractice cases are almost impossible to win. You will never get to court and be defeated before you know what hit you by motions, deadlines and procedural rules you can't imagine. You will find that not many experts (who you will have to fork over at least $5000 up front) will go near a pro se case.

Since, if your father have a valid claim worth perusing, you will find a lawyer who will do it on a contingency basis (free), there is no reasonable argument for attempting this pro se.