In today’s world, patients and hospitals are increasingly looking across the ocean to find the ‘right’ doctors for their needs. Already it is possible to recognize two modes of commerce for practicing transoceanic medicine. First there is medical tourism, which involves patients travelling to foreign countries to purchase healthcare services at a discount compared with their home country. Second there is international telemedicine, which involves doctors making virtual house calls to patients in remote country via internet-derived technology. Common to both of these practices is a fair degree of uncertainty as to the extent of the healthcare provider’s liability for medical malpractice due to undecided jurisdictional law in cyberspace. This article outlines the growth of transoceanic medicine — and the potential for disputes — and suggests that ADR may play a vital role in this brave new world of healthcare.
Bismark, Marie and McLean, Tom
"New frontiers in healthcare mediation,"
ADR Bulletin: Vol. 9
, Article 1.
Available at: http://epublications.bond.edu.au/adr/vol9/iss3/1