Archive for the ‘cross border healthcare’ Tag

Cross-border cases. Why it is important to decide in early stage where to bring your case.

Many products and services originate from abroad, involving cross-border transport. If damage is sustained as a result of a traffic accident, the question arises if, where and against which party a liability suit may be initiated. The same applies for defective products and services. There are different ways of conducting litigation, collecting and assessing evidence,  limitation periods and the ways in which these are to be interrupted. In addition there are huge differences between the ways in which the merits of a case are judged.

In some countries it is possible to demand damages for surviving dependants, whereas such is not possible in the Netherlands. Damages and the way these are determined also vary from country to country. Furthermore court proceedings vary and costs of lawyers are assessed in a different way.

For all these reasons it is essential to decide at a very early stage before which court a case is to be brought and which law is to be applied.

For more information please check our website http://www.legaltree.nl/en/services/liability-and-insurance/

Draft EU directive on patient’s rights on cross border health care

The draft directive is part of the social agenda package of 2 July 2008. It focusses  on a triple goal:

1. to guarantee that all patients have care that is safe and of good quality,

2. to support patients in the exercise of their rights to cross-border healthcare;

3. and to promote cooperation between health systems.

The aim of the second goal is to codify the case-law of the Court of Justice on reimbursement of cross-border healthcare.

More information can be found on:
http://www.consilium.europa.eu//uedocs/cms_data/docs/pressdata/en/lsa/114992.pdf

In January 2011 the European Parliament voted in favour of this new EU Directive.
John Dalli said: “Today’s vote marks an important step forward for all patients in Europe. I congratulate and thank the Rapporteur, Mrs Grossetete, for all her work.”

See also: http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/53&format=HTML&aged=0&language=en

The EC has published a Q&A for cross border health care which can be found here: http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/11/32&format=HTML&aged=0&language=en&guiLanguage=en

 

Amsterdam, 26 March 2011

Antoinette Collignon