QUESTION
Can I file medical negligence here in the USA?
Asked on Jul 01st, 2013 on Personal Injury - Iowa
More details to this question:
Hi. I sued an orthopedic surgeon for damaging my sacral nerves, lost my bladder, bowel and sexual. The doctor settled out of court if I withdrew the negligence part. This was in South Africa. Can I sue her in the USA and/or mention her name?
8 ANSWERS
Ronald A. Steinberg
No, because you setted.
Answered on Jul 01st, 2013 at 7:38 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on what the doctor's relationship with the USA is, and what relationship the USA has with the surgery. For example, if the doctor has never lived in the USA, nor practiced surgery here, the USA would bot have personal jurisdiction over the doctor. Also, if the surgery occurred over seas, there may be no jurisdiction. Finally, the out of court settlement probably constitutes an accord and satisfaction, which means the case is settled with finality and you cannot bring a lawsuit suit based on the subject matter and/or incident to which the settlement pertains.
Answered on Jul 01st, 2013 at 3:08 PM
Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH
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Robol Law Office LPA
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Everyone has a right to file a lawsuit in the U.S.. The question is whether the suit will be dismissed. That will depend on the terms of your settlement in South Africa, as well as whether you can get jurisdiction over the doctor (or another defendant) in the U.S. For example, if neither you or the doctor has any connection with the U.S., it is unlikely that you will prevail. Similarly, you may be barred from suing under the terms of your settlement, since most settlements include a "general release" (giving up all your rights). Bottom line: whether you can successfully sue depends on the details of your individual situation.
Answered on Jul 01st, 2013 at 1:35 PM
James Eugene Hasser
First of all, if you settled, I'm sure you signed a release which would prevent you from suing again. Secondly, I am assuming the negligence occurred in South Africa and that the Dr is there. The courts here would have no jurisdiction.
Answered on Jul 01st, 2013 at 1:28 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you settled the case you signed a release. A release is a release is a release.
Answered on Jul 01st, 2013 at 11:59 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If this was in another country, then how could you sue her in the USA?
Answered on Jul 01st, 2013 at 9:44 AM
If you sued her already and then settled, on what basis can you sue her twice? How are you going to serve someone who is out of the country and enforce a judgment. Does the settlement paper you signed prevent you form saying anything on social media, etc.
Answered on Jul 01st, 2013 at 9:44 AM
That's a pretty complicated question to answer in this format. I'm not sure how a US court would have jurisdiction over a doctor who was not living and working in the United States.
Answered on Jul 01st, 2013 at 8:49 AM