MA Medical Malpractice Claims & Foreign Travel
Medical malpractice claims (or other claims) involving Massachusetts residents vacationing in a foreign country may need to be pursued in that foreign country. This issue was discussed in a Massachusetts woman's lawsuit (through her estate) involving her trip to the Dominican Republic. In Marilyn Gianocostats and George Gianocostas, Administrators of the Estate of Jennifer Gianocostas vs. Interface Group-Massachusetts, Inc. doing business as GWV International (SJC-10017, Slip Opinion), the court wrote,
"When... conduct occurs in a foreign country... [and] ... concerns medical services provided to travelers by residents of that country, our interests may have to bend to those of the foreign jurisdiction. The balance tips decisively in favor of a foreign jurisdiction when a primary issue to be litigated is the standard of medical care that may be (or has been) obtained there."
