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hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1796
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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Dear Sir, My brother-in-law was put on ventilator against

Resolved Question:

Dear Sir,

My brother-in-law was put on ventilator against his wishes in a hospital in Germany. Now they are asking for 40,000 Euros for the intensive care unit charges. My brother-in.law is back in Pakistan.

Can we sue this hospital in Germany and win the case against them? and if not, can they sue him in pakistan and try to get the money there?
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

Hi,

 

the hospital may sue him in Pakistan. However, even in that case German law will most likely be applicable.

 

However, the hospital will more likely sue him before a German court. This will take a lot of time, because the action will have to be officially delivered in Pakistan.

 

In order to enforce a judgment the same will be necessary. This will probably take years (depending on the efficiency of the legal delivery in Pakistan). Thus, I am not sure whether the hospital will pursue the issue before court as the risk of losing even more money is quite high for them.

 

Hope, this was of some help in order to take the right decision.

Please make sure, that no other European resident of your family did sign anything from the hospital.

 

Regards.

Customer: replied 1 year ago.

Thank you for your quick response.


 


I am the only European resident of the family but I did not sign anything from the hospital. I acted on behalf of my sister.


 


Can they sue me or try to get money from me or can they only charge my brother-in-law?

Expert:  hhvgoetz replied 1 year ago.

If you did not declare to cover any costs, they won't be able to sue you.

 

Regarding your other question:

If at the moment of the treatment the ventilator appeared to be the necessary emergency treatment, you won't have an argument against the costs themselves as the doctors helped in an emergency situation. In Germany the patients will is respected, but only, when the doctors can be sure that it is well considered not to have a life-saving treatment. In any case of doubt the patient will be treated in a sufficient way. No one will let someone die in an emergency just because it is not clear who will cover the costs.

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 1796
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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