"SORRY, WE DON'T TREAT AMERICAN CITIZENS" Page 5
After we learned from world's top ADR surgeons (emails) that I was not a candidate for the artificial disc surgery and the ProDisc that I received on Oct 2006, we have been begging ProSpine (my operating surgeon) for help (emails). They denied any problem (emails).
Short story, some research, studies, media data are here: PRODISC_Dr.Bertagnoli
I was told by other Prodisc surgeons that I needed a revision (emails) but the problems was: it was nearly impossible to find anyone who could do a revision of ProDisc. The removal of ProDisc device is considered to be life threatening in every case according to many expert opinion studies (see references in the link above)
After nearly hundred of emails to doctors, when my husband finally found two surgeons in Germany who had an experience in Prodisc revision, I was refused a medical treatment based on my USA citizenship...not even a treatment but a simple consultation.
The basis of denial was:"Sorry, we do not treat American citizens" (emails from those clinics are available as prove).
We thought it was a mistake. We explained that we were not on medical tourism but that:
" All discrimination on the basis of nationality is banned by the European Union (EU) Treaties"
This interpretation is according to Mr. Peter Bosch, {Head of Unit, Directorate-General Justice, Freedom andSecurity} who has kindly executed a thorough review of the regulations and directives, as noted in his letter to us (part of the letter presented below):
"If your wife has not yet acquired EC long-term resident status (5 years) and her situation is confined to one Member State, then there is unfortunately no Community rule applicable to your situation and it remains to be fully governed by German law. Acknowledging this 'rightsgap ' situation, in October last year the European Commission tabled a proposal: Proposal for a Council Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State) which aims to ensure equal treatment with nationals for third-country workers who are legally residing and working in a Member State, also as regards health care apply also to those persons coming to a Member State directly from a third country.
However, as this is still a proposal under discussion in the European institutions, its provisions are not yet applicable." (Year 2011: the provisions are still not applicable).
So, in other words, there is a loop hole and non EU citizens, i.e.Americans, fall through it.
Americans who go abroad on job assignments with their American companies or on business traveler ARE NOT AWARE that they might not be afforded the same legal rights as EC Member State residents, and may be legally discriminated against (i.e, denied critical medical attention like in my case).
But ... their companies may not be eager to tell them about it.
Such common knowledge by employees might hurt the international business of their employer. So, it seems, some companies, even if they do know that such a discriminatory practices might happen with their employees abroad, might withhold such critical safety information from people who are about to transfer abroad with their families and children. They might just turn a blind eye to it or they might want even to cover up.
Such companies, might even be voted the most ethical companies to work for year after year ....
Short story, some research, studies, media data are here: PRODISC_Dr.Bertagnoli
I was told by other Prodisc surgeons that I needed a revision (emails) but the problems was: it was nearly impossible to find anyone who could do a revision of ProDisc. The removal of ProDisc device is considered to be life threatening in every case according to many expert opinion studies (see references in the link above)
After nearly hundred of emails to doctors, when my husband finally found two surgeons in Germany who had an experience in Prodisc revision, I was refused a medical treatment based on my USA citizenship...not even a treatment but a simple consultation.
The basis of denial was:"Sorry, we do not treat American citizens" (emails from those clinics are available as prove).
We thought it was a mistake. We explained that we were not on medical tourism but that:
- we resided in Germany
- we worked in Germany
- we paid German taxes and pension contributions into the system
- we had German health insurance...
- We proposed to pay cash upfront and sign any papers.
- 16.04.2007 Nils Brueggemann, Denial of treatment
- 12.04.2007 Silvia Herfs, We can not treat patients from the
- 06.08.2007 Dr. Stephan Noe, “i'm not able to operate us-americans, because of my "operating- insurance". (emails available as proof)
" All discrimination on the basis of nationality is banned by the European Union (EU) Treaties"
EU Discrimination Rights
My husband contacted EU (emails/pdf's available as well) to inform the E.U. Commission on Human Rights that U.S.Citizens legally residing and working in Germany, and who pay German taxes, and who subscribe to the Public Health Insurance System, are not afforded the same legal rights as EC Member State residents, and may be legally discriminated against (i.e, denied critical medical attention even if proposed cash payment upfront for visit/treatment) solely based on their U.S.Citizenship.
My husband contacted EU (emails/pdf's available as well) to inform the E.U. Commission on Human Rights that U.S.Citizens legally residing and working in Germany, and who pay German taxes, and who subscribe to the Public Health Insurance System, are not afforded the same legal rights as EC Member State residents, and may be legally discriminated against (i.e, denied critical medical attention even if proposed cash payment upfront for visit/treatment) solely based on their U.S.Citizenship.
This interpretation is according to Mr. Peter Bosch, {Head of Unit, Directorate-General Justice, Freedom andSecurity} who has kindly executed a thorough review of the regulations and directives, as noted in his letter to us (part of the letter presented below):
"If your wife has not yet acquired EC long-term resident status (5 years) and her situation is confined to one Member State, then there is unfortunately no Community rule applicable to your situation and it remains to be fully governed by German law. Acknowledging this 'rights
However, as this is still a proposal under discussion in the European institutions, its provisions are not yet applicable." (Year 2011: the provisions are still not applicable).
So, in other words, there is a loop hole and non EU citizens, i.e.Americans, fall through it.
Americans who go abroad on job assignments with their American companies or on business traveler ARE NOT AWARE that they might not be afforded the same legal rights as EC Member State residents, and may be legally discriminated against (i.e, denied critical medical attention like in my case).
But ... their companies may not be eager to tell them about it.
Such common knowledge by employees might hurt the international business of their employer. So, it seems, some companies, even if they do know that such a discriminatory practices might happen with their employees abroad, might withhold such critical safety information from people who are about to transfer abroad with their families and children. They might just turn a blind eye to it or they might want even to cover up.
Such companies, might even be voted the most ethical companies to work for year after year ....
Posted by Anastasia at 12/30/2009 4:16 PM 
Categories: uncategorized
Tags: discrimination of Americans in Germany ProSpine Prodisc revision Prodisc bad outcome oversized Prodisc Texas Instruments fired disabled employee Dr.Bertagnoli and bad outcomes Texas Instruments Inc facets disc protrusion refusal of medical treatment to Americans in Germany Prodisc Texas Instruments and Ethics Dr. Bertagnoli Straubing Germany Synthes disc prolapse DDD collapsed disc artificial disc replacement facet arthrosis Texas Instruments and Human Rights failed ADR ADR Dr.B Germany discrimination ADR contraindications Job13 grave error in treatment by Dr.Bertagnoli
Categories: uncategorized
Tags: discrimination of Americans in Germany ProSpine Prodisc revision Prodisc bad outcome oversized Prodisc Texas Instruments fired disabled employee Dr.Bertagnoli and bad outcomes Texas Instruments Inc facets disc protrusion refusal of medical treatment to Americans in Germany Prodisc Texas Instruments and Ethics Dr. Bertagnoli Straubing Germany Synthes disc prolapse DDD collapsed disc artificial disc replacement facet arthrosis Texas Instruments and Human Rights failed ADR ADR Dr.B Germany discrimination ADR contraindications Job13 grave error in treatment by Dr.Bertagnoli
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