You are here:

Personal Injury Law (Accidents/Slip & Fall)/What state do I file a Medical Malpractice lawsuit in, if I live in a different state than the doctors/hospital I am filing against?

Advertisement


Question
In which state am I supposed to file a law suit (for medical malpractice), if the doctors/hospital involved were located in Georgia, and I lived in North Carolina at the time? (So, in essence, I need to know if I should pursue an attorney in North Carolina or in Georgia, or if it doesn't matter.) What if I end up moving to South Carolina soon, would that affect where I have to file it? An attorney told me that if the plaintiff and defendant are located in two different states, it is taken to federal court and therefore doesn't matter what state. But where are federal courts located, in case I want to find an attorney near a federal court (so he won't reject my case because its too far for him to travel to the federal court)?  I may also pursue product liability, which is located in I believe New Hampshire....would that go to a federal court, and if so does that mean I can hire an attorney from any state also?

Answer
Adam,

The state in which the malpractice occurred is the state where the lawsuit needs to be filed.  You need to find a Georgia attorney to handle your claim.  It does not matter where you live during the lawsuit.

Regarding the product liability case, you are going to have to file in federal court unless there is a local defendant per diversity of citizenship.  If the New Hampshire defendant does business in your state, you can file in your state.

If both cases are related, you can most likely file in Georgia state court since you have a local defendant.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

Personal Injury Law (Accidents/Slip & Fall)

All Answers


Answers by Expert:


Ask Experts

Volunteer


Paul D. Friedman, M.A., Ph.D., J.D.

Expertise

I am a personal injury trial attorney who is licensed in Arizona, Colorado (inactive) and the District of Columbia (inactive). I am also licensed with the Distrcit Court of Arizona, Ninth Circuit Court of Appeals and the United States Supreme Court.

I am a Certified Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Speciailst in Injury and Wrongful Death Litigation by the Arizona State Bar Board of Legal Specialization. I was the Special Assistant to the Attorney General for the State of Arizona in the national litigation against the tobacco industry. I handle complex civil litigation inlcuding pharmaceutical liability and professional malpractice.

I can answer questions regarding injury law (accidents, malpractice, product liability) and wrongful employment practices.

For more information, please view my website at WWW.EXPERTETHICS.COM

Experience

I have been a civil trial attorney attorney since 1989 with a master's degree in bioethics and a doctorate of philosophy regarding comparative ethics.

Organizations
State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court
American Bar Association
National Board of Trial Advocacy
Association of Trial Lawyers of America
American Society for Bioethics and Humanities
Kennedy Institute of Ethics
National Association of Realtors

Publications
A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM

Education/Credentials
Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004
Doctorate of Philosphy 2006

Awards and Honors
Phi Beta Kappa
Multiple Who's Who
Southwest Superlawyers
Top 100 Trial Lawyers
AZ Magazine Top Lawyers

©2016 About.com. All rights reserved.