Legal Issues with Stenum et al

[Harrison]

It is so difficult to make an enlightened treatment decision when one is in pain. We’ve all been there and have faced the enormity of challenges:

1. If to have surgery;
2. When to have surgery;
3. What kind of surgery;
4. What kind of doctor;
5. What kind of device;
6. What kind of procedure;
7. How much does it cost;
8. How much time off from work;
9. How much pain relief;
10. What contraindications;
11. How effective in the long term;
12. Etc., etc.

There are an almost infinite number of questions that will drive any normal person insane. And for those patients brave enough to consider having surgery overseas, there are even more challenges; far more than just travel logistics.

After receiving several urgent communications from patients (and loved ones) in the last few weeks, I searched the Internet and found several references to Stenum lawsuits. I was a bit surprised to find an entire legal document concerning a patient that traveled to Stenum -- then suffered greatly as a result of complications. I am so sorry to have learned about her suffering, let alone the legal battle that followed.

Now, we as educated patients know that complications occur at every major clinic in the world. Complications cover a very wide range of conditions, including: infections (local or systemic), nerve damage, device subsidence, even death. But “outside the US” patients have to think more carefully about these big questions:

1. What happens if I have post-op complications when I return home to the US? Or even if there are complications at the overseas clinic?
2. If there are serious complications, or negligence on part of the clinic or hospital, do I have any legal recourse?

If you are considering traveling outside the US, consider reading this entire document carefully. You’ll start to appreciate the near impossibility of seeking legal damages from German doctors because of both Deutsche and even EEC laws. Basically, when signing a business contract with Stenum to receive spine surgery, you forfeit your right to sue.

Also, as most people here know, there have been huge numbers of patients that have flown overseas (Germany, England, Thailand even India) that have done well post-operatively. This post and document is intended to serve as a reminder and explanation about these additional risks.

Finally, my disclaimer: this attached document was found on the Internet in the public domain. I am not a lawyer or doctor and I am providing this information as a public service to inform patients of risks inherent to the business of medical tourism -- especially with surgical services.
___________

[DAnn]

Thank you Harrison for this information,
Your list is absolutely perfect, except that you might want to add "insurance issues" as number 13. Thanks again.