Visitor Question

Motion to amend a pro se medical malpractice complaint…

Submitted By: Dan (Madisonville, KY)

I filed a pro se medical malpractice complaint in Davidson County Tennessee District Court. On the complaint I put the wrong surgery date. I need to amend my complaint to correct the date and to also add defendants. Do I have to get permission from the court to strike and amend or can I file without permission?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Dan,

Kentucky Rules of Procedure allow you to amend your original Petition several times. The caveat is to be sure to comply with the specific Discovery and Pre-trial procedure set out by the Judge in your case. Depending on the complexity of a case the Judge may allow more time for Discovery, and hence more time to amend your Petition.

You should note though that the opposing party will have to meet each of your additional Amendments to your Original Petition with an Answer, thus escalating the costs of the suit.

If you don’t know already you should inquire from the Judge or her Court Administrator the preset dates and deadlines for pre-trial pleadings.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 11, 2017

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Comments

One thought on “Motion to amend a pro se medical malpractice complaint…

  1. Try calling it a notice of errata and just correct the date. You might want to file a more comprehensive amended complaint later and that will be easier if it is your first amended complaint.

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