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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Malpractice in Georgia. This is a case where the patient

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Malpractice in Georgia.

This is a case where the patient went into the hospital in an emergency situation. During the hospital stay he received severe injuries caused by the actions and/or inaction of doctors and staff.
The malpractice case against the doctors and staff was dismissed with prejudice in the state court due to technicalities (the court ruled against him because he did not present an 'expert' at trial, although, his medical condition and records is indisputable).
It is too late to file an appeal.
Can this case be reopened/filed anew in the federal court by focusing on venue and on new defendants (specifically the HMO/EMO)?
Or, is there another way to reopen such a case to obtain justice for this patient.
(Perhaps a plea to the appeal court to consider this case even though the 10 day time limit has passed)

Thank you for your question.

Typically a dismissal with prejudice bar any refiling unless it is done on new claims or against new parties. So if the initial claim was dismissed against the doctors, filing against the HMO is still possible provided it is still within the statutory limitation. As for filing for an appeal after the 10 days passed is possible but unlikely--the judge will likely dismiss it due to the appeal not being timely. You can try it, but that is very likely not going to get the courts to review this for you.

Good luck.

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