Medical Malpractice Attorneys and Lawyers

"What can go wrong for a lawyerless plaintiff who has to resort to Small Claims court to sue a doctor?

no "medical malpractice" has been "proven" yet, but there documents I want to use to prove the guy is indebted to me. The amount claimed is within the limits of the court rules. I have no choice but to use the SC system, so what could be thrown at me? ie: illegal questions violating my constitutional right to privacy, etc... I never wanted to have to resort to this (and may have to forgo it) but I "had" a lawyer but then she just neglected me for months so I fired her and couldn't get another one!

Public Comments

1. You need to see a lawyer. There are all sorts of claims that one can read in the SMall Claims document. When you go to court, it seems that unless you are a legal expert, all things can go wrong. I know of a case where someone wrote a document to SMall Claims to the Board of Directors of a Homeowners Association. The judge threw it out because it was to address: The Homeowners Association (although the association as such cannot read), and not the Board of Directors! YUP - the Judge would not listen and said to go back and do it right! The one with the attorney got it thrown out of court - and I was there! GOD bless us always. MBA-Boston Univ. CPA-retired
2. Since you're suing, the other party has a right to question or refute whatever evidence you produce. You are NOT allowed to be represented by attorneys in SC Court.
3. You have no constitutional right of privacy to relevant information according to the rules of evidence in most jurisdictions, especially when you are the plaintiff. You might be able to get a protective order for irrelevant information or information that you want to be protected like personal medical information. A defendant doctor in small claims court will probably not engage in full discovery so it's not likely that you will suffer the full embarrassment that may be possible in a more contentious litigation. If they seek to disclose information that you are not comfortable with, seek a protective order. If you can't do that and you are not comfortable with the information being disclosed, ask the court for dismissal without prejudice.
4. Check on your States Small Claims Court. Most do not allow lawyers to be present. It is just the two persons who are looking for a judgement. Just because you get a judgement does not mean you will collect without going through another court. Small Claims Court is rather a joke.