When Malpractice Happens In Another State

The Question:

What happens if medical malpractice occurred in Pittsburgh but I live in another state now?

The Short Answer

You must file the lawsuit in Pennsylvania. The location of the injury determines where the case is fought, not where you currently live.

If the surgery or treatment happened in Pittsburgh (or anywhere in Western PA), Pennsylvania law governs the case. It does not matter if you moved to Ohio, Florida, or California (or any other state). You are fully entitled to sue the Pennsylvania doctor or hospital that injured you.

Do I Have to Travel Back for Every Court Date?

No. This is the most common worry, but modern litigation has changed. We understand that catastrophic injuries often force families to move out of state to live with relatives who can provide care. We structure your case to minimize travel:

• Remote Meetings: We handle all client intakes, strategy sessions, and updates via Zoom or phone.
• Remote Depositions: In many cases, we can arrange for your deposition (testimony) to be taken remotely or at a court reporter’s office near your current home.
• The Exception: You generally only need to return to Pennsylvania for two events:
  1. Independent Medical Exam (IME): The defense has a right to have their doctor examine you.
  2. Trial: If the case goes all the way to a jury verdict.

Whose Laws Apply? (The “Borrowing” Trap)

This is where you need to be careful. Because the injury happened in Pennsylvania, Pennsylvania’s 2-year Statute of Limitations generally applies.

However, if you moved to a state with a shorter time limit (like Tennessee or Kentucky, which have 1-year limits), the defense might try to use a legal loophole called a “Borrowing Statute” to dismiss your case early.

• The Rule: You cannot assume you have time just because you live in a state with a longer deadline.
• The Fix: You need a Pennsylvania lawyer to file the paperwork immediately to “lock in” your rights under Pennsylvania law.

The “Venue” Advantage

Recent changes to Pennsylvania law (Rule 1006) might actually work in your favor. Even if you were injured in a rural county outside of Pittsburgh, if the hospital system (like UPMC or AHN) does business in Philadelphia, we may be able to file your case there. Philadelphia is known for having some of the most plaintiff-friendly juries in the country.

We analyze the hospital’s corporate footprint to file your lawsuit in the specific county that offers the best chance of a maximum verdict.