Where will my case be filed?
Suppose your doctor negligently treated you in New Jersey but now you have retired and you live in Macon. If you sue the doctor, you will have to sue him in the state where the negligence occurred, i.e., New Jersey. In other words, malpractice cases normally have to be filed where the malpractice occurred, or sometimes where the defendant resides, but not where the patient moved afterwards.
For malpractice that occurs in Georgia, the plaintiff usually has the option of suing either in the county where the malpractice occurred, or in a Georgia county where one or more of the defendants resides. Most of the time the case will be brought where malpractice occurred, and that will be the same as where the defendant or defendants reside. The important thing to remember is that the patient may not move to an unrelated state or county and expect to be able to sue the health care provider wherever the patient moved.
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This site contains only general information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer experienced in handling malpractice cases.
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