Can I have a lawsuit filed in Illinois for malpractice that occurred in Montana treatment cent. when I was an Illinois resident?

If there's any way this is possible please let me know.

Arlington Heights, IL -

Attorney Answers (7)

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Medical Malpractice Attorney - Chicago, IL
Answered

1. You need to have a medical malpractice lawyer review any potential case, as in Illinois you cannot even FILE a case without an expert's affidavit.
2. It would be filed where the malpractice occurred (Montana).
3. Each state has different time limits, so contact a lawyer in Montana.
4. Since you are no longer a minor, you may (at least in IL) only have 2 years after you turned 18 to file suit, so get moving.

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
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Michael P. Misch

Michael P. Misch

Medical Malpractice Attorney - South Bend, IN
Answered

It is possible, but exceedingly rare. I would hire a lawyer in Montana to review the case.

This information is for educational purposes only, as well as to give you general information and a general... more
James Patrick McLane III

James Patrick McLane III

Car / Auto Accident Lawyer - Rolling Meadows, IL
Answered

Proper venue is the situs of the injury or where the defendant resides. You could also file in Federal Court if you have perfect diversity, meaning all defendant's and plaintiff's are from different states and the amount in controversy is over $75,000.00. You should speak to an experience malpractice attorney.

My post is for informational purposes only and in no way establishes an attorney client relationship.
Judy A. Goldstein

Judy A. Goldstein

Divorce / Separation Lawyer - Mokena, IL
Answered

You will need to file suit in Montana. Whether you have a viable action will depend upon many more details that you can provide here. Please consult with one or more Montana attorneys who handle medical malpractice suits.

Richard Todd Rosenstein

Richard Todd Rosenstein

Medical Malpractice Attorney - Glendale, CA
Answered

Your best bet is to hire a lawyer to represent in the jurisdiction where the alleged malpractice occurred.

Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

More information is needed to evaluate. I brought in a big NJ cerebral palsy case from Lady of Lourdes Hospital to Philadelphia about 10 years ago, but then they changed the law to prevent this.

John M O'Brien

John M O'Brien

Personal Injury Lawyer - Elk Grove, CA
Answered

You should schedule a consultation with a medical malpractice attorney to evaluate your case.

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