Can I File A Medical Malpractice Case Without A Lawyer?

Can I File A Medical Malpractice Case Without A Lawyer?

Generally, it’s better to have a lawyer. But if you’re wondering whether it’s possible to file a malpractice case on your own, here’s what you need to know.

Have you or someone you love been the victim of medical malpractice? If so, you aren’t alone. In fact, between 65,000 and 200,000 deaths each year are attributed to medical mistakes!

If you’re living with the consequences of a doctor’s error or failure to diagnose, you may be wondering how to proceed. And, whether or not you’ll need a lawyer to help with your medical malpractice case.

Sound familiar? No worries, we’ve got you covered.

In this article, we’ll help you decide what to do next, and if you’ll need legal assistance to move forward. Keep reading for all the info!

What is Malpractice?

Medical malpractice refers to an act or omission by a doctor during treatment that deviates from standard practice and results in an injury to the patient. Malpractice can refer to a major error that leads to chronic injury, illness, or death. But, the term is also commonly used to describe minor medical mistakes as well.

Malpractice is a subset of “tort” or civil law. And, for a civil case to be considered in court, it must include wrongdoing that causes the claimant or victim to suffer provable loss or harm. Only then can legal liability be assigned to the person who committed the “tortious act” – in this case, a medical mistake.

What Makes a Medical Malpractice Case?

With that definition in mind, it’s time to decide whether or not your case is one of malpractice.

To determine this, you’ll first need to figure out whether or not the wrongdoing was caused directly by a doctor. This could cover an incorrect action or lack of action. It may also apply to decisions that were made outside the typical treatment plan for whatever condition was being treated.

Simply put, disagreeing with a doctor’s decision does not make a malpractice case. Neither does suspecting that an error took place.  

Do You Need a Lawyer?

If you’re seriously considering filing a medical malpractice lawsuit, the answer is probably yes.

Taking on a medical malpractice case without an attorney will put you at a distinct disadvantage. You’ll be navigating complex medical law and terminology. And, you’ll be up against a highly-skilled legal defense expert. 

What’s worse – the hospital or doctor that you’re suing will likely have a vastly larger budget than you do. This means that lengthy and costly delays could be easily employed, leaving you stuck in limbo waiting for your day in court. 

It’s also important to remember that the average length of time between injury and settlement for medical malpractice cases is currently five years. And, the majority of these cases were tried using a skilled legal team of malpractice attorneys! 

High Stakes

Are you still wondering – do I need a lawyer to file a malpractice claim? If so, stop and consider everything else that’s on the line.

While you may eventually win your case without legal assistance, there are other major risks to going it alone. Whether you or someone you love were the victims of a medical mistake, there are likely serious and ongoing costs associated with the incident. This could include medical bills, time missed from work, or even psychological counseling under some circumstances.

How are you planning to pay those debts?

Representing yourself not only risks years wasted in the court system, but it also puts you at risk of losing your case and getting stuck with deep medical debts as a result.

Upfront Costs

One of the major reasons people ask, can I file a malpractice claim without an attorney, is their concern over upfront costs.

Thankfully, many professional malpractice lawyers work on what is referred to as a contingency basis. This means that you only pay for your legal representation once your case is won. 

Some malpractice attorneys ask for a lump sum or predetermined amount, while others will instead charge a percentage of your winnings. But, in either case, you will likely spend nothing to get the legal process started. This is a major advantage over trying your own case, which would require paying for a variety of legal services and court costs upfront.

Financial Woes


If finances are a major concern for you, take a deep breath. Medical malpractice can take a major financial toll on its victims, but you aren’t entirely on your own. There are other options available to help you get paid fast!

Pre-settlement funding is a popular and practical option to help you pay off bills and get your life back on track before your case even goes to court. 

To start the process, you’ll first fill out an application, similar to that of a loan or line of credit. Then, your case will be assessed, and your eligibility will be determined. 

The right legal expert will be able to guide you through this process as well as trying your case. And, they will likely have the ability to work directly with a funding company to get you the cash even faster, and at a fair rate. 

Your Day in Court

With this article as your guide, you’re ready to decide whether or not you have a valid medical malpractice case, and if you’ll need legal representation to go to court. 

Remember, it is absolutely up to you whether or not you hire legal counsel. But, of course, expert representation will up your odds for a successful settlement. And, it will likely expedite the process, helping you move on more quickly with your life.

Do you want to learn more about lawsuit settlement loans or funding? Contact us today. Our friendly agents are standing by to help 24 hours a day, seven days a week.

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