Can i file a medical malpractice lawsuit without an attorney?

Pro se, or self-representation, in legal matters is a long held right of the individual in the United States legal system.  As a pro se litigant, individuals will be tasked with handling their entire case on their own; however, it is their legal right to be able to do so in most cases.  State laws vary on the ability of an individual to represent themselves in matters of civil suits; however, this depends on the specific claims and parties involved in a given case.  It should be noted, however, that pro se representation is rarely advisable, especially in civil matters.

Though the specific nature of your medical malpractice case was not mentioned, attorneys will frequently take promising cases on a contingency basis, which allows individuals to repay their attorney from damage awards, if found in their favor in court.  Therefore, as an individual concerned with costs of an attorney, consulting with one that may be interested in taking over your case on a contingency basis may be a viable option.  Though you may have the legal right to represent yourself, the statistics and logic of representing oneself, if you have no or limited legal background and education, are wildly in the favor of the opposition, which if a medical practitioner, will undoubtedly have legal counsel.  Medical malpractice cases also will require various forms of expert testimony, which is costly as well.  Aside from costs, the requisite skills to be able to perform competently in any medical malpractice action require specific legal training and experience.  Again, it is not advisable to pursue claims pro se, unless you have no other legal options.

A wise suggestion would be to simply contact some attorneys specifically practicing medical malpractice litigation, and explain your situation and case to them.  As noted above, the ability to obtain legal counsel on a contingency basis is a viable option, and in some instances, attorneys regularly perform pro bono, or without cost, work for clients each year.

Talk to a Medical Malpractice Lawyer before you attempt to take any legal action on your own.