If I file a malpractice case, do I file it in the state where it happened or can I file it in the state that I am moving to?

Question Details:

I had a cataract surgery a few days ago that went terribly wrong. A second doctor had to repair the damage done in order to save my eye. I am now recovering from that. I want to file a malpractice case on the first doctor. I am moving to FL from SC where this happened. Do I need to hire a malpractice attorney in Dorchester County, SC, or can I initiate the case in FL where I will be living?

Asked 6/26/2010 under Medical Malpractice | 664 View(s) | More Legal Topics

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Medical Malpractice Law Answers

Medical Malpractice actions are a unique breed of Personal Injury action, often subject to special rules and requirements for commencing suit.  While you need to have a basis for jurisdiction to bring a suit (usually residency for the plaintiff or can be the defendant) and obtain jurisdiction over the defendant, you need to consider what may be a better business decision here.  Most malpractice actions are taken on a contingency fee basis, meaning the attorney will receive a percentage of the money recovered in the suit, but less fees and expenses.  For all practical purposes the records of treatment for both doctors are in South Carolina, correct?  Will it cost more for you to travel up from Florida for depositions, etc., or for an attorney to do so or for an attorney to hire someone else to do so (the MD's are in SC)?  I would interview attorneys in both places and ask those questions related to practicalities as well as to your injury.  Consultations are free.  Good luck.

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