who would have juridstiction
Started by chevychick2871 , May 03 2013 11:15 PM
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10 replies to this topic
Posted 03 May 2013 - 11:15 PM
My sister moved to Wisconsin as a temporary resident (her husband was transferred there to open a new retail store). http://thepersonalinjurydirectory.com/blog/category/braininjuryattorneys/ Unfortunately during that time period she found out she had cancer in the kidney and was operated on at the ***** Hospital. They did a left handed assist nepherectomy and during that process accidently put a hole in her Aoerta, which 3 days after being in ICU caused her to pass away. As her Sister i would like to file a claim in Minnesota ((in Wisconsin i cant by law) but i am afraid they will rule wisconsin the jurisdictional state. I would love to hear any ideas or factual information you may have for me. Her husband and 3 adult children now live in Minnesota also but at the time of her death they lived there. She was only 42 years old, she was not only my sister but my best friend. Thanks in advance for your knowledge.
Edited by FindLaw_AHK, 06 May 2013 - 08:47 AM.
This post has been edited to remove personal or identifying information. -Moderator
Posted 04 May 2013 - 07:44 PM
In order to hear the case, the court must be able to exercise jurisdiction over the defendant. Under the Supreme Court's interpretation of the U.S. Constitution, that means that the defendant must have some "minimal contacts" with the state where the court is located for the court to have jurisdiction. Here, the hospital is in Wisconsin and all the acts involved in the claim took place in Wisconsin. Thus, there is nothing in your post to suggest that the University or the doctor who did the operation have any contacts with Minnesota such that the Minnesota courts would have jurisdiction under the minimum contact standard. If the doctor had practices in both states, for example, then Minnesota would have jurisdiction over the doctor would be able to hear the lawsuit.
In the case of the hospital, there is the additional problem that it is a unit of the Wisconsin state government, and under the Constitution you may not sue the state of Wisconsin in the courts of any other state.
Note, though, that even if the Minnesota courts could hear the malpractice claim, they would still likely apply Wisconsin law since the alleged malpractice took place there, not in Minnesota.
You have the additional problem that nothing suggests you have good cause of action as her sister to sue for damages in court in either state anyway. Unless you were somehow financially dependent upon her, you?d not have any damages to claim in lawsuit.
Posted 04 May 2013 - 09:37 PM
It is my believe as a surviving sibling i do have a right to file for wrongful death or medical malpractice in the state of Minnesota, and in Wisconsin there is basically a chain of command.....Husband, children, parents and then siblings. It is very hard for her living spouse to file the claim due to how much her passing has caused him unbelieveable pain. He is unsure if he would want to relieve the emotions all over again. It is something i have been looking into with very much consideration. It is a very hard decision to make, as we all know.... no amount of money will bring her back (it can be donated to st. judes in her name) but we found out through medical records things we were not made away of at the time of her stay there, and decisions would have been made differently if the family was given the correct information. I believe it questions a code of ethics and morals on the dr.s part. (my opinion) Dr.s are human and make mistakes, i get that, but dont a patients family have a right to be informed of correct information so we could honor the DNR. (there was no chance of reversal like we were told....it is stated in the paperwork). Thanks to all of you for having this forum and knowledge you are willing to share.
Posted 05 May 2013 - 08:40 AM
It is my believe as a surviving sibling i do have a right to file for wrongful death or medical malpractice in the state of Minnesota, and in Wisconsin there is basically a chain of command.....Husband, children, parents and then siblings.
No. In Wisconsin, for med-mal wrongful death, it's only the personal representative of the patient, the husband and minor children who are entitled to pursue legal action, none of which you are. See Lornson v. Siddiqui (2007), 735 N.W.2d 55. Adult siblings of the deceased patient have no standing simply because they are a sibling.
Posted Yesterday, 10:36 AM
Your follow-up post indicates this was not an act of medical malpractice (merely unethical or immoral behavior isn't something you may categorize as medical malpractice, though of course you/the husband is free to complain to the state medical board).
Clearing medical malpractice out of the way, I presume your sister had a DNR that mentioned an exception for a situation where there was a "chance of reversal." It's unclear why the hospital did not honor the DNR as it was obligated to do, but we cannot know what someone's personal motivations might have been or even whether the hospital/doctor wanted to avoid the family suing for FOLLOWING the wishes of a loved one and attacking the validity of the DNR. We can't know from here.
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