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

Arlington Heights, IL |

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

I was also a minor at the time.

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Attorney answers 7

Best Answer
Posted

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 relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Posted

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.

Posted

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

Posted

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.

Posted

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 understanding of the law, not to provide specific legal advice. The information provided does not constitute an attorney-client relationship. This information should not be used as a substitute for competent legal advice from a licensed, professional attorney in your state.

Posted

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

Posted

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.

Asker

Posted

brilliant. but is filing in federal court wise? unwise? I have no idea.

James Patrick McLane III

James Patrick McLane III

Posted

Federal court can be burdensome on both parties. It is a way for you to stay in Illinois. The Federal court however will apply Montana law to your malpractice claim. Further, you could an Illinois attorney to take your case and he/she will admitted to the Montana bar for this specific case. You would only have to go to Montana for your deposition and trial.