How can one file medical malpractice lawsuit?
In medical malpractice lawsuit the plaintiff can files his suit in the state where the malpractice occurred, or sometimes where the defendant resides, and not where the patient moved afterwards.
In most states you will have a right to a jury trial if you want one. Your trial will be presided over by a judge, but the judge will decide issues of law and will make rulings on what evidence the jury is entitled to hear. The jury will decide who they think is telling the truth, what the facts are, and the amount of damages you are entitled to recover.
Now one question can arise that who is plaintiff?
The plaintiff is the patient, a legally designated party acting on behalf of the patient, or by the executor or administrator of a deceased patient’s estate (in the case of a wrongful death suit).
The defendant is the health care provider. Although a ‘health care provider’ usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. Relying on vicarious liability, claims may also be brought against hospitals, clinics, or medical corporations for the mistakes of their employees.