How to Enforce a Court Order Against a Foreign Medical Provider?
Provided by HG.org
It is when medical tourism and treatment in other countries causes injury that the patient may need to try to have a court enforce an order or judgment upon a foreign medical provider or physician. Before this is even possible, it is imperative that the person involves knows the foreign laws that affect the case and how they work into the court system.
Enforcing a court order depends on two important factors. If the victim of the incident is able to apply the United States laws to the professional or medical provider, it is possible that the foreign government will uphold the action. Then, the individual needs to ensure that the case is successful against the foreign medical provider. If either of these actions fails, the person may not have any options to receive compensation or observe the courtís order stick to the other party. Various sources of loss are also not part of foreign policy, and these could include endemic diseases, risks to the political world and medical malpractice.
The Insurance Provider
For United States citizens, it is often not possible to collect compensation when injuries, medical conditions or accidents occur outside of the country. This is usually standard in reverse where the patient has few options for such compensation when injured or harmed during a procedure overseas. Neither the home insurance carrier or the foreign medical provider may be willing to payout for these incidents. For any potential in a remedy to these situations, it is necessary to seek assistance through the foreign medical provider before the procedure. Knowing the medical and health regulations and laws is of great benefit.
When the patient is still in the country he or she is seeking medical care from, he or she could become covered under a policy with a foreign medical provider. In instances of accident, illness or health conditions, the person may seek assistance. Depending on what the person accomplished before the procedure or surgery, he or she may have coverage with a foreign insurance carrier. Any of the three issues that arise are often part of the policy for covered conditions. These could ensure care or compensation in the event they happen. However, it is important to read and understand what is part of the policy and if any legal action is possible when leaving the country.
The primary reason to seek assistance before a procedure completes is that foreign countries do have coverage for accidents and illness or other issues that may arise. The United States citizen may purchase this policy before anything happens. It generally covers a 24-hour window. It may or may not cover any necessary compensation after this time expires. Additionally, if needed, the person may seek legal action when he does not receive this care. Action against the foreign medical provider could occur through a court of law in the United States. However, the carrier may need to visit the states before any action is enforceable.
Enforcing the Order and Legal Support
Once the victim of injury or a botched surgery starts upon the legal path in pursuing action against a foreign medical provider, it is important to ensure that the judgment may force the party to pay. If the incident involves insurance coverage for injury or an adverse health condition, the contract may stipulate the issue is within the agreement guidelines. If the policy does not have any information regarding the circumstances, the victim may need to communicate with the country legal system where the medical provider exists. Seeking a connection to the United States legal system is important for any orders to become enforceable.
It is generally necessary to seek legal support through a lawyer that understands the laws of the foreign country. The legal representative may need to communicate with others in the same field or contact additional individuals to assist. The company or insurance agency attached to the issue may have certain processes then need following. Sometimes, a lawyer is the only way to discover these measures. A foreign medical provider may caution against travel outside the country until the matter resolves. Other requirements may explain that the agency or doctor must become involved before anything occurs. The lawyer may need to travel with his or her client back to the specific country for a United States court order to force the other party to pay out compensation. Without a lawyer, many of these awards are impossible to obtain.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.