You Were Injured By A Doctor In A Foreign Land Can You Sue?
Your insurance denied your request for a medical procedure you thought was essential to extending your health and well-being. In fact, you know of many friends who received the same procedure and their insurance paid for it. The more you argued with the insurance the more determined you became about the procedure. So you made it your mission to find a way to accomplish your goal.
In your quest to find another solution you came across a video that talked about your intended elective surgery and how much the person’s quality of life has changed since undergoing the procedure. The more videos and articles and even testimonials you watched, read and viewed, the more excited you became. However, the price for such surgery seemed too good to be true.
Then you find out why.
In order to get the great deal on your medical treatment you need to travel to a foreign country and have a foreign doctor administer care. Oh, but the literature you’ve read says it’s perfectly safe. And the doctor has a 5-star reputation with hundreds of online testimonials.
The advertised price is about half of what your deductible would be if your insurance would’ve covered it. Yes, it’s seems very enticing. There’s even a term for this…it’s called Medical Tourism. Thousands of Americans travel abroad every year to get such surgeries performed. The majority claim success. Which is great, right? Get your planned surgery and see the sites in a foreign country…seems like a win/win.
Unfortunately, mistakes happen.
Mistakes that can’t always be corrected at the time of surgery, nor when the patient gets back to the States. To make matters complicated, some US Hospitals have been denying medical repair to those who have attempted to get surgery in a foreign country by an unknown doctor. You might be saying, “they can’t do that”. But, unfortunately they can. If they, the US doctors, in their attempt to correct what a foreign doctor performed inadvertently make the situation worse, they could be liable for your injuries. So to decrease the Hospital’s risk of a medical malpractice claim they deny or restrict care.
So why do I share this information?
I share it to give you an insight on the pros and cons of traveling to a foreign country to receive medical care.
Medical tourism sounds great and yes, you might save a ton of money. But, are the risks really worth putting your life on the line? If you are injured by a medical professional here in the United States who provides sub-standard care you can file a medical malpractice claim, maybe eventually go to court and hopefully win a settlement that will compensate you for your injuries. If you are injured by a doctor in an another country your chances of representation are slim. And the chances of suing the offending doctor and winning are even slimmer.
The savings just aren’t worth the risk.
By agreeing to have your medical procedure performed in a foreign country you just might be waiving your rights to sue in the event of an injury. Sure the US price of your medical care might be substantially higher, but is the savings worth it if you need to sue for medical malpractice?
So if you’re looking at a procedure and, for whatever reason, your insurance doesn’t cover it, and you’re thinking about traveling to Mexico, Canada, India, China or any other foreign country please keep in mind the risks associated with such a decision.
Now if you have been injured due to the negligence of a doctor here in the United States give us a call at (219)736-9700. Our professional lawyers are standing by to hear your story.
The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.
The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends.