Comparing Certain Aspects of U.S. and Costa Rican Medical Malpractice Compensation Systems: Bad News for Costa Ricans and Medical Tourists to Costa Rica?

Abstract

A primary goal of this article is to provide certain information useful to medical tourists, Costa Rican professionals or laypersons, and scholars (including comparativists) who wish to consider or study the prospects of one being able to obtain compensation in Costa Rica for harm caused by deficient medical care delivered in Costa Rica. (It might also, likely combined with existing literature, offer insights into medical tourism and legal liability generally.) Medical tourists particularly might need the information provided in this article when deciding to seek services in Costa Rica because they might consider it important that it could be very difficult or impossible for them to bring suit in the U.S. (or whatever country they might be from) or to enforce a home country judgment in Costa Rica even if the potential defendants did not have them sign an agreement to resolve any disputes in Costa Rica. This information is limited to a general description of: (1) the basic steps in a Costa Rican “medical malpractice” case compared to those steps in a U.S. matter, (2) some practical difficulties plaintiffs might face in obtaining compensation for injuries in Costa Rica, (3) some soft data concerning the relative frequency and success of medical malpractice claims in Costa Rica and the United States, and (4) the possible relevance of (1) to (3) in decision-making or study regarding seeking medical care or pursuing a medical malpractice complaint in Costa Rica.