Published by Arfaa Law Group
Typically, people who lose loved ones due to incompetent medical treatment can choose where to pursue medical malpractice claims against the parties that caused their losses. In some instances, though, the courts will transfer a case to another venue. Recently, a Maryland court discussed the factors weighed in determining whether a change of venue is appropriate in a wrongful death and medical malpractice case filed in Maryland. If you lost a loved one due to negligent medical care, you could be owed compensation, and you should speak to a Maryland medical malpractice lawyer regarding your options.
History of the Case
It is alleged that the defendants treated the decedent before his death, which was caused by an occlusive pulmonary embolism. The decedent resided in Maryland prior to his death, but the defendants treated him in Washington D.C. The plaintiff filed a wrongful death and medical malpractice lawsuit against the defendants in the United States District Court for the District of Maryland.
Reportedly, the defendants moved to transfer the case to the United States District Court for the District of Columbia, arguing that the only connection to Maryland was that the decedent lived there prior to his death. The plaintiff opposed the motion, noting that after discharging the decedent from their facility, the defendants continued to provide care for the decedent in Maryland through an intermediary.
Factors Considered in Determining Whether to Grant a Motion for Change of Venue
Under the Federal Rules of Civil Procedure, the federal courts can transfer a civil lawsuit to any other division or district where it may have been filed or when all parties consent to the transfer. Grounds for granting a request for transfer of a case to another venue are the convenience of the parties involved and the interest of justice. The court explained that the provision allowing for a change of venue aims to protect witnesses, parties, and the public from unnecessary expense and inconvenience and to prevent the waste of money, time, and energy.
A party moving for a change of venue must show not only that the case could have been brought in the court where they propose the matter should be transferred but also that the transfer will better promote the interest of justice and serve the interests of the parties and witnesses. Determinations as to whether venue should be transferred are made on a case-by-case basis. In the subject case, the court ultimately determined that transfer was warranted, as all of the acts occurred in Washington D.C., and that is where most of the witnesses worked. As such, it granted the defendants’ motion.
Speak to a Skillful Maryland Attorney
Medical errors can cause significant harm and, in some cases, may be fatal. If you lost a loved one due to medical malpractice, you may be able to pursue wrongful death claims against your loved one’s treatment providers, and it is wise to meet with an attorney. The skillful Maryland attorneys of Arfaa Law Group possess the knowledge and experience needed to obtain favorable outcomes in medical malpractice cases, and if you hire us, we will work tirelessly on your behalf. You can contact us via our online form or by calling us at (410) 889-1850 to set up a conference.