Medical Document Translation Services for Medical Tourism
Language translation issues abound when patients and medical service providers don’t speak the same language. However, when patients engage in medical tourism, i.e. when they cross borders for medical care, various legal issues can arise – a fact made all the more complex since crossing borders adds a need for accurate foreign language translation and interpretation to the mix.
On the other hand, there are many medical tourism corporations based in the United States that organize a foreign medical care. When a person receives medical treatment abroad via the services of a U.S.-based company, they retain the privacy protections of HIPAA.
Another issue is malpractice. An essential step in planning medical tourism is to get a foreign language translation of a particular hospital or medical provider’s medical liability laws, as many countries do not allow for malpractice suits and severely restrict the bringing of such suits in the United States. In fact, if a malpractice suit is brought in the U.S., the Daubert-based standard of proof remains the same but becomes even more difficult to establish as the case must be evaluated on the standards of the foreign country. See U.S. v. Ingham, 42 M.J. 218, 226 (A.C.M.R. 1995); Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999).
Up Next: Attorney Serving as His Client's Interpreter and Legal Malpractice: A Case Example