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Your Risks.  Our Solutions.


Risk:  Doing nothing

  • "Forever" hospital stays in an acute care hospital, often for an indefinite number of years, for foreign patients, ending in eventual death, and potential legal liability for level of care.

  • Most or all costs of patient care borne by the hospital indefinitely resulting in hundreds of thousands or even millions of dollars wasted.

  • Limited rehabilitation options available in many acute care facilities, which could actually harm patient.

  • Create psychological trauma from limited or no family or friend visits and lack of same language speakers.

  • Loss of income from occupied room.

Solution:  Do Something

Engage our law firm to evaluate whether a medical repatriation would be an appropriate option for a foreign national patient.

Risk:  Doing it wrong

​Sometimes hospitals proceed forward with medical repatriations when they objectively should not. These instances can result in civil and even criminal liability such as:

  • Violations of state and federal requirements for safe discharge of a patient

  • Tort claims

  • Kidnapping or false imprisonment charges

  • Civil Rights Act Section 1983 claims

  • “Patient dumping” allegations

  • HIPAA violations

Solution:  Do it right

Hire our law firm to conduct a proper due diligence to confirm the identities of family members, identify options for care, service providers, and interface with foreign consulates. Don't try to re-invent the wheel. We have been there and done that.

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Risk:  Relying on the wrong advisor

Sometimes hospitals rely on air ambulance companies, other third-party service providers, and/or in-house bilingual personnel to arrange for and conduct their medical repatriation. You would not base a decision on whether to proceed to surgery on the recommendation of an ambulance driver or an interpreter. These advisors are just as risky on many levels:

  • There is an inherent conflict of interest. Air ambulance companies and the like don't make money unless the medical repatriation goes forward, even if it is not in the patient's or hospital's best interest.

  • Bilingual in-house personnel, while well-intentioned, may find it difficult to recommend against medical repatriation and the cost savings to the hospital it represents. This is all the more so when their level of authority may be relatively low but enhanced by serving as the center of a team effectuating medical repatriations in-house.

Solution:  Hire the right advisor

Our firm does not rely on the outcome of the advice we give to Hospitals on Medical Repatriation to make money.  We offer independent advice as to whether proceeding forward with a medical repatriation is a viable option. Then, after conducting international due diligence, the hospital, the patient, their family or legal representative collectively decide to proceed forward, after informed signed, written consent in English with a written legal translation into the patient's native language. We have no incentive to create liability for our clients, as that would not only be bad for our clients, but for our reputation as trusted objective legal advisors as well.

Risk:  No true due diligence

Some hospitals make the mistake of conducting little or no due diligence before proceeding forward with medical repatriations and risk real and unnecessary legal liability, if, after returning to their home country, a patient suffers injury or death:

  • Has your medical team consulted with the receiving medical team or family to evaluate whether they can meet the patient's appropriate level of care?

  • Are you simply relying on a foreign consulate for their "medical" recommendation of a foreign hospital?  Should there ever be litigation, foreign consular officials cannot legally be deposed or called as witnesses on your hospital's behalf, even under subpoena.

  • Have you confirmed the track record of the air ambulance company you chose? Air Ambulance services are often cited and complaints lodged and put on official published U.S. government lists. Unfortunately, there are some bad actors and serial offenders out there, and due diligence is required.

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Solution:  Conduct true due diligence

Our firm will conduct real due diligence so that your hospital and the patient, his family, or legal guardian can feel comfortable that they are all making an informed decision as to whether the medical repatriation is in the best interests of the patient.  There is no better cure to reduce liability than allowing your patients to make the choice as to what is a healthier outcome for themselves.


Risk:  Pitfalls for the unwary

Many Hospital Legal Departments, Administrators, and Risk Managers don't encounter this situation regularly but believe that they can handle it themselves. Or, they conduct frequent medical repatriations, but have never been sued and thus think that they must be fine. And many are...until they are not. When that time comes, the liability is tremendous. It is what you don't know that can hurt you. ​

Solution:  Ask a firm that has been there and done that

Benefit from our firm's experience and international cultural understanding to mitigate your risks. Our law firm has decades of experience in medical repatriation and can help you determine whether it would be a viable option for a foreign national patient in the first place, and whether due diligence indicates it would be in the best interests of the patient. We also coordinate obtaining the consular-issued travel documentation, and prepare the case-specific bilingual agreements necessary that will offer and reflect informed consent. We will get signed documents to you from authorized parties and follow up on the safe arrival of the patient overseas. Rest easy. We have been there and done that. 

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