You think that you can handle your own medical malpractice case because you have done your homework on your situation.
With that said, you move forward with your case pro se (meaning without an attorney).
Halfway through the process the defense begins to file motions that you do not understand.
Not only is the attorney for your doctor saying that your case should be dismissed because you did not go through some sort of arbitration first, but because you have not provided any evidence of a certificate of merit from your own expert explaining not only the standard of care, but how your treating doctor deviated from the standard causing your injury.
“JUDGE DISMISS THIS CASE…”
After reading all of the motions you start to realize that you may have done some things wrong in your case.
For example, instead of immediately filing your case in Circuit Court you should have went through the required arbitration process first.
The day of your motions hearing you try to argue to the court to let you start over.
However, the defense attorneys on the other side have argued hard that the case should be dismissed.
After everything is said and done the court dismisses your case with prejudice.
“CAN I GET A DO OVER WITH AN ATTORNEY THIS TIME?”
When any person files a case in Maryland the law presumes that he or she knows the law applicable and understands the process.
Just because you file without an attorney does not mean that the judge or the other side is going to hold your hand and walk you through the process.
This is why we suggest that in complex cases like childbirth injury cases or medical malpractice cases you hire an attorney to help you.
These cases have a lot of traps which can derail the case.
Because the judge in the above example dismissed the case with prejudice, the pro se plaintiff is likely stuck out of luck.
THERE IS HELP AVAILABLE…
If you have a possible childbirth injury or a medical malpractice case that you would like to speak with us about because you realize the complexity of the situation, this is what we invite you to do.
Pick up the phone and give us a call.
It costs nothing to call us.
We can be reached at 301-850-4832.
We answer Maryland childbirth and medical malpractice questions like yours all the time and would be happy to listen to your story.