I filed a pro se medical malpractice civil complaint in North Carolina and just received my complaint and summons to serve.

Business 7 views 6 answers
Do I need to serve a medical expert witness document along with the complaint and summons to each defendant now or can I wait until the discovery period? Is it to my benefit to serve now (1 week from my file date) or wait the 120 days? My case manager has advised that I can do either and that if I do not submit it with my initial complaint and summons that my case will not be dismissed because I will be able to present this in the discovery phase. Will waiting the 120 days hurt my chances of my case?

Attorney Answers

6
Elizabeth Herd ·
I am not licensed in Nc but you are taking on a huge task. You might want to at a minimum consult with an experienced attorney. Medical negligence cases are frought with limitations of all kinds in every state.
0 upvotes
Patrick Amoresano ·
Medical Malpractice- Filing Complaint - Expert Opinions - I see that you are writing from Somerset New Jersey but suing in North Carolina. I have so many questions to ask you and cautions to issue you that I honestly don't know where to start. Suffice it to say that you can't do this by posting to here and there. Your about to climb Mount Everest without a guide or a rope. I suggest you stop at the base camp and have a cup of coffee with an experienced medical malpractice attorney before you're blinded by the approaching blizzard.
0 upvotes
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Most personal injury lawyers don't have the skill to handle a med mal case, so why do you think you would be able to handle it? Retain a North Carolina med mal lawyer today.
0 upvotes
Anne Breslin 1629791.Html ·
I suggest that you contact a medical malpractice lawyer in North Carolina. You're asking about playing procedural games and the loser in that game could be you. Even though you're pro se, you're held to the same standards as a lawyer, if you miss a deadline you may lose your rights to proceed with your case. Good luck with your case.
0 upvotes
Michael Fusco ·
Medical malpractice cases are extremely difficult to prove and vary state by state. If you believe you have a strong case you will want a strong advocate on your behalf. Get an experienced medical malpractice attorney from North Carolina to evaluate your claim.
0 upvotes
Josh Tolin ·
There is a very good reason that all of the attorney who have answered your question have said the same thing I am going to reiterate.... get an attorney to handle for you. Medical malpractice cases are very difficult to handle, very expensive, and your chances of winning, when you don't even know the basic procedures of NJ, or court rules, makes it even tougher. I never go into any jurisdiction, other than my own, without having local counsel. You should listen to what the others are saying.
0 upvotes

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