Re: Medical Malpractice in different state

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On 7/23/06, Brianna Morgan wrote:
> I had medical treatment in New Orleans but live in
> Chicago...things went terribly wrong down there and now
> have to be hospitalized here...where would the law suit be
> filed..here or in New Orleans? if so, how does that work?

Dear Brianna: If this was anywhere else but New Orleans, I'd
say that you'd have a shot at prosecuting your case in
Chicago. Normally, you could do that if the New Orleans
hospital/Health Care System had branches in Chicago.

However: New Orleans is really unique because they have a
whole different legal system down there, predicated on the
Napoleonic Code. Thus: in real-life terms, you'd need a
lawyer well versed in practicing in that system, and generally
only lawyers who live and practice there possess that expertise.

If you decide to file your suit in New Orleans, you'd have to
make yourself available there for trial (Medical Mal cases
hardly ever 'settle' before trial). But if you want to pursue
it, get your medical records from there BEFORE you file suit,
and don't let them know that you're contemplating a lawsuit.

So I'd advise you to find a local lawyer whose firm has an
office, or contacts (lawyers) there. He/she could contract
that out and-depending on how ill you are now-you could have
your depositions in Chicago, which would be some help.

Good Luck Brianna and I hope you'll get well soon-Attorney/Nurse