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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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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.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry to hear this has happened to him. Unfortunately, once the case against the doctors and staff was dismissed with prejudice, the case would be over against the parties responsible for the conduct. The HMO/EMO would not be liable for the conduct of the hospital, doctors or staff I am afraid. The hospital would be liable for the conduct of their employees, but if your case was already dismissed against them and the appeal time is over, filing again in either state court or federal court would result in the case having to be dismissed based on "res judicata" or already decided and also "collateral estoppel" meaning that if you did not name a party and are trying to get at the real responsible party now through another "back door" party your claim would have to be dismissed.

The GA law, OCGA 9-11-9.1, still would require the expert and failure to present one at the time of filing suit causes the right to sue to be completely lost.

I wish I could tell you there was some magic way to get the patient some help, but I am afraid that legally there is not and if you file a frivolous suit now without any legal basis you could end up being fined the attorney's fees and costs of the other party for them having to go to court to seek the dismissal.



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