Where Will My Malpractice 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, but not where the patient lived at the time or 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.