Legal Question in Medical Malpractice in Minnesota

Re: court where i can have a fair trail

If you have attorneys employed to bring your lawsuit, it is somewhat unfair to them to ask other attorneys, who have not prepared the case or become aware of the facts, to comment on the case. That said, the main reason you are required to bring an action in Minnesota is most likely because of the federal and state venue statutes.

Most states and the federal government vest venue in the place where the wrong actually occurred, or in a place where the defendant resides, or where the defendant can be found. Thus if you are from Missouri and you traveled to MN for health care, and you believe you were given bad health care there, the proper venue would be MN unless the health care provider in MN lured you to MN, or did some other unlawful act which caused you to be deceived into traveling to MN.

Venue rules try to insure a fair trial by ensuring that the defendant is not made to travel thousands of miles to defend a case when the facts of the case show that the occurrence and witnesses are most likely somewhere else.

It may seem unfair, but that is how the system is designed. Remember, the system has to be fair to you and to the defendant - neither should obtain an advantage over the other. When you left your jurisdiction to receive health care in MN, you availed yourself of MN law, and so MN venue rules control.