QUESTION
I live in Louisiana but my injury happened in Calif. at alameda emergencey ospital.Can i use a lwyer from caliifornia enen though I live in Louisiana?
Asked on Jun 19th, 2014 on Medical Malpractice - California
More details to this question:
I went to alameda emergency hospital with a problem with my right ear. The doctor ordered his RN nurse to irrage my ear. It is then she injured my ear.My ear started bleeding and became very painful. The doctor told me to see an ENT to fix my problem. i went to see an ENT speciialist and he found my ear to be severly traumitized awith blood clot and bleeding and suggested i see another ENT to get a hearing test. The ENT could not perform the test because my ear ws too bloody. He drew some of the blood out of my ear and said as for as he could my ear canal was severly damaged. he could not see further in the drum because of all the blood. Befor eleaving Calif I saw the first ENT for followup and he suggested I see an ENT specialist in when I go back to Louisiana. I am now seeing an ENT specialist and after serval test and exams he foudn that my eardrum isperferated. Yesterday he performed a proceedure to place a patch of the hole in eardrum to see if this will help to bring my normal.
1 ANSWER
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Your inquiry is regarding what jurisdiction is proper for bringing a lawsuit against the hospital. The general rule under Code of Civil Procedure section 395(a) is that only two proper venues exist: The county where the contract was entered into (obligation incurred) and the county of defendant’s residence.
Here the injury took place in Alameda County where the defendant hospital resides. So, it will be proper to sue for your injuries in Alameda County.
If you have further questions, please feel free to call.
Mitch Abdallah (916) 446-1974
Answered on Jun 19th, 2014 at 10:55 AM