Thomaston, GA asked in Medical Malpractice for Alabama

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)?

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Medical Malpractice Lawyer
  • Wyomissing, PA

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.

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