Legal Question in Medical Malpractice in New Jersey

medical malpractice

In the state of NJ. I am representing myself as ''Pro Se'' in a medical malpractice suit against a hospital and Surgeons, etc. My question is that: am I able to procede without a affidavit of merit. Under the affidavit merit form, am I able to check that an expert testimony is unnecessary to prosecute my claim on the defendant. Also if i am claiming that the defendant failed to inform me of certain risk factor such as nerve damage to a procedure and breach of contract and warranty and battery. some battary may not need an affidavit of merit. And can i motion for an extension to obtain an affidavit of merit of the 60 days expire? I am currently working with 2 possible expert witness in reviewing my case. Can I also preceded without a affidavit of merit if the NJ Department of Health's investigation report indicated that 2 operative report was dictated 1 year later and 1 report had falsified statements that has been confirmed by the officer of NJ Dept. Health. If I am going to use those operative report as evidence to prove causation, it is impossible to show when the operative report is not credibile because it was dictated 1 year later with falsified statements therefore the plaintiff's causation should have merit.


Asked on 12/09/08, 5:02 pm

4 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: medical malpractice

I would seriously consider obtaining a lawyer. Pro Se litigants generally lose with medical malpractice claims. These claims are very hard.

If you have not retained an expert at this stage of the game, I would retain one immediately and if you cannot find an expert, I would not go on with the law suit.

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Answered on 12/09/08, 5:05 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: medical malpractice

I would seriously consider obtaining a lawyer. Pro Se litigants generally lose with medical malpractice claims. These claims are very hard.

If you have not retained an expert at this stage of the game, I would retain one immediately and if you cannot find an expert, I would not go on with the law suit.

Read more
Answered on 12/09/08, 5:06 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: medical malpractice

I would seriously consider obtaining a lawyer. Pro Se litigants generally lose with medical malpractice claims. These claims are very hard.

If you have not retained an expert at this stage of the game, I would retain one immediately and if you cannot find an expert, I would not go on with the law suit.

Read more
Answered on 12/09/08, 5:06 pm
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: medical malpractice

As a �pro se� plaintiff, your chances of keeping a case alive to obtain a judgment on the merits are slim to none. You need to, at the very least, engage an attorney ASAP on a consulting basis if you want to pursue this case.

This forum cannot substitute for the type of advice that you need, both with your immediate questions, and questions that will come up later on, if your case survives these immediate issues.

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Answered on 12/09/08, 5:48 pm


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