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IVF (USA citizen) unpunished for serious medical malpractice

Discussion in 'Civil Court, Procedure & Litigation' started by IVFsurvivor, Jan 12, 2022.

  1. IVFsurvivor

    IVFsurvivor Law Topic Starter New Member

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    Jurisdiction:
    Middle East
    During my IVF cycles (in the middle east), i was a victim of serious medical malpractice. I also suspect embryos that the clinic/Dr said were mine, could not have been (massive difference in quality), thankfully this Frozen embryo transfer didn't result in pregnancy.
    i was given medication not approved for use by the FDA in IVF, there was clinical errors in my treatment and i have heard from ex clinic employees they witnessed others changing medical records to cover up their crimes.
    Dr also has said in his statement to the courts that he "placed a dying embryo in to me an left to god" . He said that he did it because my treating DR was too embarrassed to tell me the state of the embryo!. i did not consent for him to touch me let along carry out the procedure, i felt like i have been assaulted.
    I am unable to recover from this very traumatic ordeal and this is compounded as the Dr (USA citizen) has simply gotten away with any punishment here.
    Please can i open any case in the USA? he is a USA citizen and a has a physician license in USA
    please any advice
     
  2. Zigner

    Zigner Well-Known Member

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    Sorry - this is a "middle east" matter. You will need to find a legal professional in the "middle east" to assist you.
     
  3. zddoodah

    zddoodah Well-Known Member

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    If you had this done in the Middle East, why would you think FDA standards would be observed?

    What courts? Courts in the Middle East country where this occurred?

    If the doctor is a citizen of some U.S. state, then he will be amenable to suit in that state. However, you might want to read about a doctrine called forum non conveniens. Also, if the doctor doesn't live in the U.S., what good will it do to get a civil judgment against him in the U.S.?

    A few other questions:

    Are you a U.S. citizen?

    Have you ever been to the U.S.?

    Why was this U.S. citizen doctor performing medical procedures in some Middle East country?

    Do you have at least $30,000 to fund litigation in the U.S.?
     
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  4. flyingron

    flyingron Well-Known Member

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    Most state civil procedure rules refer to a "residency" requirement for getting jurisdiction there. Individual states don't typically have "citizenship" (unless you're one of those sovereign citizen wackos). If he's not residing there, he's not subject to being sued there (unless there's some other act that puts it under the court's jurisdiction).

    Similarly, if he's practicing in some other country, the state medical board in whatever state he's licensed in isn't going to be able to control him there. They might, if a violation is proved in a foreign jurisdiction FIRST take action against his certification there as a result, but that's not going to be your first opportunity.
     
  5. army judge

    army judge Super Moderator

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    I suspect this is the nation on the Asian continent in the "middle east" where the event ALLEGEDLY occurred.

    Continent: Asia

    Country: United Arab Emirates

    State/Region: Abu Dhabi

    City: Abu Dhabi
     
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  6. Red Kayak

    Red Kayak Well-Known Member

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    What happen in the Middle East stays in the Middle East.

    At least, for legal/licensing complaints.
     
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  7. Redemptionman

    Redemptionman Active Member

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    There is something with diversity of citizenship but that covers malpractice which occurs here.

    if you went to another country to skate the exorbitant premiums that these procedures cost here then you probably do not have any grounds or cause against this doctor.
     

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