We've blogged about the importance of professional medical interpreting and medical language translation services for Denver hospitals, doctors offices and clinics, as well as for medical tourism and medical malpractice cases. Even if jurisdiction was established in the US, the foreign provider would most likely move to dismiss the case under forum non conveniens as an argument can easily be made that the forum would excessively burden the defendant and a more appropriate forum exists elsewhere (such as within the country where the alleged malpractice took place).
For example, in Jeha v. Arabian American Oil Co., a US court dismissed a medical malpractice suit because the critical evidence and witnesses were all located in Lebanon. In general, a court is likely to apply forum non conveniens when foreign law governs the case as they are typically uncomfortable applying a foreign law and dealing with all the foreign language translations that are required.
The exception to this trend is when the foreign venue lacks adequate legal redress. For example, in Bhatnagary v. Surrendra Overseas Ltd the court denied a motion to dismiss, finding that the foreign court was beset by 'extreme delays'. This being said, however, it should be noted that courts generally do not consider available remedies when deciding on the adequacy of foreign legal redress. Whether the case is ultimately heard in a US court or a foreign court, having foreign language translations of all applicable laws, communications and related evidence is critical.
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