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Patient, a resident of State M, underwent surgery in State N by Doctor, a State N physician. Patient sued Doctor in State M court. State M's choice-of-law rules select State N substantive medical-malpractice law. State N law requires a malpractice plaintiff to file an expert affidavit with the complaint and caps punitive damages in medical cases. State M has no expert-affidavit requirement and allows uncapped punitive damages for reckless conduct.
State M court rules require electronic filing and allow service by certified mail. State N requires personal service by a sheriff for actions filed in State N courts. State N also has a physician-patient privilege protecting confidential medical consultations from disclosure. State M has a narrower privilege. Patient seeks punitive damages, prejudgment interest, and attorney fees under State M statutes.
Discuss which State M and State N rules should apply. Address substance versus procedure, litigation mechanics, expert affidavits, privilege, punitive damages, prejudgment interest, and attorney fees.