Friday, March 28, 2014

Medical Malpractice Expert

Mississippi Code Annotated Section 11-1-58 provides that an attorney has to file a certificate regarding consultation with an expert prior to filing suit.  However, there is an exception to this that many people do not know about is under section 6 of the same statute.  There is no requirement of an expert consultation if the party is pro se.  This got me to thinking if a party files a pro se complaint and then an attorney enters an appearance.  You would still need an expert at some point but not with the complaint.  The case of Manning v. King's Daughters Medical Center decided yesterday located here has some language that hints at this which is worth filing away. 

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