Here is a precautionary tale that underscores the importance of hiring a lawyer who is licensed in the state where your case is being filed.
In Arkansas, a medical malpractice lawsuit was recently dismissed because the lawyer who filed it was not licensed to practice law in Arkansas. This lawyer, from Michigan, did not ask the Arkansas Court for permission to file the case, a process known as filing a motion “pro hac vice”. This Latin term means asking the court to allow an attorney to be involved in a court case even though the lawyer is not licensed in that state.
The case involved a patient who underwent surgery at St. Bernards Hospital. She alleged that the defendants failed to diagnose a gastric leak. Because the Michigan lawyer who filed the notice had not been given prior court permission to appear in Arkansas court, that filing was considered a nullity. Shortly after that, the statute of limitations expired, and it was too late to resurrect the suit.
Malpractice cases are governed by state laws and every state is different regarding filing procedures, discovery, motions, and trial practice.
This case serves as a stark reminder of the importance of hiring a lawyer who is licensed in the state where your case is being filed. If you are considering filing a Georgia medical malpractice case, make sure to hire a lawyer licensed in Georgia AND experienced in handling complex Georgia malpractice cases. This will ensure that your case is handled properly and that you have the best chance of a successful outcome. Don’t let your case be dismissed or compromised because of a technicality. Always hire a Georgia lawyer.
Scott McMillen is a Georgia medical malpractice lawyer. If you need one, please contact us for a free evaluation of your potential claim.