Since the earliest days of the United States, our courts have recognized the right of every person to represent themselves in a lawsuit. Indeed, federal statute currently provides, “In all courts of the United States the parties may plead and conduct their own cases personally or by counsel.” The same rule applies to cases tried in Iowa state courts.
Of course, just because you can represent yourself in court does not mean that you should. As seasoned Des Moines personal injury lawyers, we know firsthand how difficult it is to build and win a civil case. That difficulty increases exponentially when an accident victim attempts to serve as their own attorney. Many good, honest people think they can handle their case, only to quickly realize just how complex the legal system is for those who are inexperienced in its workings.
Iowa Appeals Court Tosses Husband’s Wrongful Death Claim Against Hospital
Indeed, one thing that many self-represented personal injury litigants fail to realize is there are some cases they simply cannot handle themselves as a matter of law. A grieving Iowa husband recently learned that lesson the hard way when he attempted–unsuccessfully–to act as his own lawyer in a wrongful death lawsuit he filed following the death of his wife.
According to the husband’s lawsuit, an ambulance took his wife to the emergency room at MercyOne Des Moines Medical Center after she experienced “sudden back pain, shortness of breath, low pulse oxygen,” and other symptoms. Unfortunately, her condition continued to deteriorate at the hospital, and the next day the husband made the decision to remove his wife from life support.
The husband subsequently filed a medical malpractice and wrongful death lawsuit against the owners of MercyOne and several other defendants associated with his late wife’s medical care that night. Notably, the husband filed his lawsuit as both himself and as the administrator of his wife’s estate. The husband, however, was not a licensed attorney.
The MercyOne defendants then moved to dismiss the lawsuit in its entirety, accusing the husband of engaging in the “unauthorized practice of law.” While the husband could legally represent himself in a medical malpractice case, they argued, he could not represent his wife’s estate as a non-attorney. The trial court agreed and dismissed the case.
The husband, this time represented by a lawyer, appealed the judge’s ruling. But a divided five-judge panel of the Court of Appeals upheld the dismissal of the husband’s lawsuit. The majority rejected the husband’s reasoning that since he was the sole beneficiary of his late wife’s estate, that entitled him to represent himself in a legal proceeding brought on behalf of her estate.
It is important here to understand how Iowa’s wrongful death law works. When a person dies due to the “wrongful act” of another–such as medical malpractice by a healthcare provider–state law directs the damages that would normally go to the victim instead goes to their estate. The surviving spouse of the victim is also entitled to damages for their losses arising from their partner’s death, but it is the estate that must bring the claim on their behalf.
A probate estate is a legal entity that is considered a separate “person” from either the deceased or their spouse. In a sense, an estate is like a corporation. And as the Court of Appeals noted in this case, while a “natural person may appear for himself, they generally cannot appear on behalf of another person or entity.”
The majority further agreed with the trial court that dismissing the husband’s lawsuit was an appropriate remedy for his “unauthorized practice of law.” The two judges who dissented took exception to that, arguing that the husband should have been given 30 days to hire an attorney to represent his wife’s estate before dismissing the lawsuit. The dissent noted there were other ways to punish the husband for his “unauthorized practice of law,” such as holding him in contempt and fining him.
The Challenges of Medical Malpractice Cases
Even in a medical malpractice case where you only want to represent yourself–and not your deceased spouse’s estate–there are a number of challenges that would make such an endeavor difficult. Medical malpractice differs from most other types of Iowa personal injury cases in a couple of key ways. First and foremost is the need for expert witness testimony just to get your lawsuit filed.
Like many states, Iowa requires any potential medical malpractice plaintiff to obtain and file a “Certificate of Merit Affidavit” with their lawsuit. Basically, you need to get a doctor to certify that your medical malpractice lawsuit has merit before a judge will even consider hearing your case. Your expert must be familiar with the applicable standard of care to your case and must explain how your healthcare provider’s treatment breached that standard.
For example, if you allege that a surgeon botched your procedure and caused you harm, you need to find a surgeon in a similar sub-specialty who can explain what a reasonable doctor would have done in your situation, and how your doctor’s failure to do so caused your harm.
This is just one of many technical procedures that need to be dealt with in a medical malpractice case. These are not the sorts of things a non-lawyer would be expected to know or understand. That is precisely why it is always best to hire and work with a trusted attorney to represent you throughout the process.
Contact a Waterloo Personal Injury Lawyer Today
Even outside of medical malpractice, there is no reason you should ever feel the need to handle your own personal injury case. The Waterloo personal injury attorneys at Ball, Kirk & Holm, P.C., are prepared to help you whatever your situation. Contact us today at 319-419-4279 to schedule a free consultation. We have offices in Waterloo and Iowa City and can travel to meet our clients when needed.