QUESTION

Do I send a demand letter to the Insurance Company of my doctor first then a letter of intent to the courts?

Asked on Jul 11th, 2013 on Medical Malpractice - California
More details to this question:
My doctor shot me directly in both my left and right tendon,when I went in for my left foot only. Now several months later, ER visits, over 100 Ibuprofen taken, 2 podiatrist and 2 boots later I'm finally getting the help I need. This happen back in September of 2012 and I have been going back and forward to doctors since then. I told him that I will be filing a claim against his insurance company thinking that they would play mediator, I can't find an attorney to take the case so I want to do it myself step by step and in need of the first step other than notifying the medical board which I did, speaking with his insurance company and keeping all records. I found out he really lied in his report that he had sent to me so now I'm ready limp into court. Been out of work since this happen, no exercise-weight gain, more emotional problems just a nightmare.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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You are going to have a very difficult time representing yourself in a medical malpractice case. These cases are very difficult to win even for experienced attorneys, and there are potential procedural mindfields at every turn. I would be shocked if an insurance carier offered you to settle a case in the absence of representation, because they will conclude that you have very little chance of proving your case. Some questions you need to find answers to include: Do you have to have an affidavit of merit from a physician before you file a lawsuit? Are there any tort claims notices that have to be filed if public entities are involved? What is the statute of limitations? What are the requirements for expert testminy in California? Do you have a doctor lined up who will testify that the defendant breached accepted standards of care? If not, you will lose the case on a motion. Do you have to match the defendant's credentials precisely? Are you sure you have identified all of the potential target defendants? I would concentrate all of my efforts on convincing a lawyer to take the case. If you cannot, I think you are wasting your time and resources pursuing one on your own.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. 
Answered on Jul 12th, 2013 at 6:26 PM

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