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Where Should I Sue the Case

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gyyang

Junior Member
As a result of medical malpractice, a wrongful death happened to a college student who lived on the college campus of state A while all of them happened. The parents live in state B.

My questions are:
1. In which state should/can the parents pursue the lawsuit?
2. Should case be sued in the state court or a US district court?
3. If the case is sued in a US district court, do the state laws apply to the US district court in the state?
4. Should the case be sued under Medical Malpractice Statue, a Wrongful Death Statue? Can be both?
Thank you for advice.

Gary
 


Zigner

Senior Member, Non-Attorney
As a result of medical malpractice, a wrongful death happened to a college student who lived on the college campus of state A while all of them happened. The parents live in state B.

My questions are:
1. In which state should/can the parents pursue the lawsuit?
2. Should case be sued in the state court or a US district court?
3. If the case is sued in a US district court, do the state laws apply to the US district court in the state?
4. Should the case be sued under Medical Malpractice Statue, a Wrongful Death Statue? Can be both?
Thank you for advice.

Gary
We don't do homework.

If this is not homework, then the parents would need to consult with legal counsel in the state in which this occurred. The rest of the questions can be answer by said counsel.


Good day.
 

quincy

Senior Member
As a result of medical malpractice, a wrongful death happened to a college student who lived on the college campus of state A while all of them happened. The parents live in state B.

My questions are:
1. In which state should/can the parents pursue the lawsuit?
2. Should case be sued in the state court or a US district court?
3. If the case is sued in a US district court, do the state laws apply to the US district court in the state?
4. Should the case be sued under Medical Malpractice Statue, a Wrongful Death Statue? Can be both?
Thank you for advice.

Gary
Gary, you have a LOT of studying to do if you hope to pass your exam.

One of the first things you need to learn is that, in the US, the specific state or states involved matter. Laws vary in significant ways from state to state.

Good luck. I think you are probably going to need it.
 

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