Q: Does person filing medical malpractice lawsuit in Al have to remain a homeowner in Al?
The lawyers @the firm who wanted to take case say the person filing (mom) must must remain a homeowner at her current home. Father and mother were getting ready to move to a different state when he had medical emergency and died in the hospital.Now she is being told she must remain in her house in Al without job, family, or friends in order to file suit... Can she live /work in Georgia and remain a primary resident of Al (assuming she isn't forced to sell home)?
A:
What they probably want to avoid is it seeming like the hospital is being sued by an "ousider" or , more likely, they want to avoid the case being "removed" to Federal Court.
It makes sense for your mom --and you--to sit down with the lawyers, understand their concerns. Taking on a medical malpractice case is expensive, and if they are willing to file a case they need to avoid anything that could affect the outcome.
There are very few cases that are taken, so if that is their judgment go with them as they are the people who have the biggest financial risk.
That being said, it's likely there's nothing to prevent your mom from spending time at the new location if that's doable, so she starts to get used to it and can "test drive" it, as it were. Talk to them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
