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The Globalization of Health CareLegal and Ethical Issues$
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I. Glenn Cohen

Print publication date: 2013

Print ISBN-13: 9780199917907

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199917907.001.0001

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Jurisdiction 101 for Medical Tourism purchases made in Europe

Jurisdiction 101 for Medical Tourism purchases made in Europe

Chapter:
(p.33) 2 Jurisdiction 101 for Medical Tourism purchases made in Europe
Source:
The Globalization of Health Care
Author(s):

Thomas R. McLean

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199917907.003.0002

This chapter explores the legal remedies available to medical tourists in Europe when they experience an adverse event. It investigates Europeans' right to medical tourism services under the Maastricht Treaty. It then describes the ability of a plaintiff to have a judgment or award enforced when diversity jurisdiction is present. Under the Brussels Convention, parties to a contract may use a jurisdiction clause to override the default rules for jurisdiction determination. Consumer transactions are also consorted their own jurisdictional loophole. Both European Union (EU) medical tourism vendors (MTVs) and patients should be aware of the general default rule for identifying diversity jurisdiction. After an adverse medical outcome, unwary medical tourists and MTVs may find that they have accepted more liability than they have realized. It can be concluded that EU medical tourists should carefully read any contract they sign and ask appropriate questions.

Keywords:   medical tourism, medical tourists, Europe, Maastricht, diversity jurisdiction, Brussels Convention, consumer transactions, jurisdictional loophole, European Union, medical tourism vendors

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