I sued an out of state company in their local court and lost unfairly. Can I sue again in my local fed court?

[ruddy]

I read a magazine advertisement for a surgery. I thought the advertisement was an article about the doctor. I flew to the doctor's state and had the surgery. The doctor lied and claimed there was no risk associated with the surgery. He did malpractice because this was not a truthful or accurate disclosure of this risk associated with the surgery. The court was unfair and dismissed my case with prejudice. Now I want to know if I can sue him in my state's federal court?

[aingeni]

Because the suit was dismissed with prejudice, you cannot sue again in any court...The doctrine of Res Judicata prohibits that.

My answer is true whether or not you believe it...

If a court renders an unfair decision...you have the remedy of appeal...That is your ONLY remedy. You can't go to federal court and sue again...

Okay...let me give you a little lesson I learned in my first year of law school...The federal courts CANNOT override the judgment of a state court...the ONLY federal court that can do that is the SUPREME COURT...and only on matters involving the federal constitution...

The federal courts aren't even courts of general jurisdiction, so they can't hear lawsuits based on state claims (like malpractice) unless certain requirements are met...the specifics aren't important here...

What IS important is res judicata...you get one bite at the apple...you sued in state court...you probably could have sued in federal court, but you chose state court...as a result, you can't choose to sue again in federal court for the same claim...I am sorry, but that is the truth.

I am sorry to inform you that the constitution has no provisions about medical care or informed consent. The only way to get your case to the Supreme Court is by appealing in state court until it gets to the state's supreme court...then you can appeal that decision to the Supreme Court of the United States...

The process takes about 10 years and the supreme court declines to hear about 99.99% of the cases that are brought to it...

The time for appeal is different from state to state...usually 30 days...no new evidence is allowed in an appeal...so finding new evidence won't help you in any way.

You're mistaken...a new trial based on new evidence ONLY exists in criminal cases...You need to get used to the idea that it's over...It's been over...Your lawyer failed you.

I see...You didn't have a lawyer...The picture is much clearer now...Appellate courts don't look at new evidence...period...they can't....They can only look at the record. You represented yourself, and you have no clue how the system even works. It is no wonder that your case was dismissed.

You're completely wrong...you'll be crying again when your attempt fails.

[danil70]

I agree with Cliff. You chose to have your case heard in a state court rather than a federal court knowing that there was a chance that your case could have been biased (which I highly doubt happened). The law is set up so you have the right to appeal for legit reasons rather than because you didn't like the verdict. a few questions...
Do you have newly discovered evidence? because you said you didn't state that you did.

You are partly culpable for the incident, why didn't you do your research on you procedure before you had it done? its a shared responsibility between the patient and the doctor. and it seems to me that if you put even a tiny fraction of research effort into researching the procedure then you did into researching all of the laws of appeals you are talking about then you wouldn't be in this situation.

why didn't you go to the hearing and why didn't you hire a lawyer? again when you file an out of state law suit its only smart to make sure you go to the hearing to make sure things are going according to plan. and lastly

Did you sign the consent forms? its law that you sign forms for consent to medical treatment in which all of the risks and disadvantages of the procedure are outlined if you signed it you have no case...if you signed int without reading it you have no case. The only way you would have a case is if the doctor performed the procedure without consent and commit ed malpractice by messing up your surgery well beyond the normal risks that come along with medical care.

christ! people lie you are the reason we dont have standardized heath car in the USA...thanks!