Can a US citizen sue a Canadian hospital for medical negligence causing a death?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a US citizen sue a Canadian hospital for medical negligence causing a death?
My 4 year old niece passed away 10 months ago in Canada. She was visiting therewith her mother when her heart stopped. The hospital, ambulance, nor police had a AED/defibulator to use to resuscitate my niece. We are trying to find out if there could be some compensation and maybe this wont happen to another child, adult, or elder.
Asked on June 9, 2011 under Malpractice Law, North Dakota
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Sorry to hear about your niece.
The child's parents may be able to file a lawsuit in federal court. The federal court would be in the state in which they reside. Generally, when a U.S. citizen sues someone who is a citizen of another country or an entity in a foreign country, the federal court in the state where the U.S. citizen resides would have jurisdiction and would be the appropriate court for filing the lawsuit.
The lawsuit in this case would be for wrongful death which is a negligence-based lawsuit when a death occurs.
The parents should obtain the medical reports and medical bills as supporting evidence of their claim. The parents will need to file the lawsuit prior to the expiration of the applicable statute of limitations or they will lose their rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.