If the Medical Malpractice Occurs in Florida, Where Does the Case Get Filed?

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WHERE WILL
MY CASE BE FILED?

Suppose the doctor negligently treated you in New Jersey but now you have retired and you live in Miami Beach. If you sue the doctor, you will have to sue him in the state where the negligence occurred, i.e., New Jersey. In other words, malpractice cases are normally filed where the malpractice occurred, or sometimes where the defendant resides, and not where the patient moved afterwards.

For malpractice cases occurring in Florida, the plaintiff has the option of suing either in the county where the malpractice occurred, or where one or more of the defendants resides. Most of the time the case will be brought where malpractice occurred, and that will be the same as where the defendant or defendants reside. The important thing to remember is that the patient or plaintiff may not move away and expect to be able to sue the health care provider wherever the plaintiff moves.

While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state. To serve you better we have opened additional satellite offices in several major Florida cities. We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities. When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better. If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you.

This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Laws vary from state to state and are constantly changing. If you think you may have a case you should promptly contact a lawyer in your state with experience in handling this type of case.

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