Negligence in China? Fugetaboutit

[Guest ExChinaExpat]

During the past few years, I have experienced parts of China that many expats have been lucky to avoid. Primarily, the Chinese legal and medical systems. The legal and medical systems in the USA hold fast the concept of negligence, accountability and responsibility. American people hold fast to these concepts and have certain expectations about them. For example, an American business owner is considered negligent if someone is injured because of a slippery floor, or struck by an improperly stowed object. It would be easy to go though a list of things for which one would be considered negligent in America, and be held accountable by the US legal system.

 

Two years ago, in January 2011, I ruptured my Achilles tendon while participating in a company sporting event in China. Today, and ten surgeries later I had to accept that the physical demands of my job were too much to continue working. I chose to resign. Once I submitted my letter of resignation, my company offered a cash settlement for my injury. At that moment, I began to learn about the darker aspects of Chinese law, culture, and corruption.

 

I have a friend who works as HR director for another Chinese company. Through this friend, I learned more about Chinese work injury law, and compensation requirements. One of the most troubling aspects was the absence of negligence and accountability in the Chinese legal system. I spoke with four different Chinese lawyers before realizing there was very little they could do to help me.

 

I don't want to ramble on about these experiences, but can say most Chinese know you need four things to get by in China:

 

1. Avoid the Chinese legal system

2. Avoid getting involved with Chinese police

3. Have telephone numbers of Chinese people in high places who you can call or name-drop when needed

4. Avoid Chinese hospitals unless absolutely necessary

[Dennis143]

So, what are your plans now, Jesse? Where to you go from here?

[johnxiaoying]

I hope you been able to get good medical treatment and that you're back on your feet. You've had a hell of an ordeal.

 

Thanks for the post, more food for thought for us aging guys that might consider living in China for an extended period.

 

My few visits to the horspital in Guilin left me quite unimpressed. However, I did find my favorite doctor in the world there, an allergist, who offered me a cigarette.

[Guest ExChinaExpat]

The options seem pretty straightforward, but it's easy to get confused when making a hard choice. I can either stay in China, or return to the USA. I will take a little time to make the decision. There are many realities every foreigner who lives in China must accept. Even if you are fully fluent in Chinese, you will always need the assistance of someone who is culturally and verbally bilingual. It's very easy to become isolated in this environment, even if you are married or in a committed relationship. Sooner or later an expat is going to have to deal with the Chinese system; whether it's medical, legal, or cultural taboos.

Edited January 2, 2013 by JiangsuExpat (see edit history)

[tsap seui]

Good luck Jesse, with whatever you decide. You have been run through a ringer and still managed to come out kicking.

 

tsap seui

[Mick]

Wishing you the best, Jesse. I remember well the hell you went through with your employer and getting the proper care. I seem to remember you went to Australia, is that right? I hope your foot is healed and that your future is a great one. You are so right about avoiding the medical system if at all possible. I was lucky in that I had a great cardiologist during my years over there, plus easy access to Hong Kong for everything else. I had friends who were not so fortunate.

[Guest ExChinaExpat]

Wishing you the best, Jesse. I remember well the hell you went through with your employer and getting the proper care. I seem to remember you went to Australia, is that right? I hope your foot is healed and that your future is a great one. You are so right about avoiding the medical system if at all possible. I was lucky in that I had a great cardiologist during my years over there, plus easy access to Hong Kong for everything else. I had friends who were not so fortunate.

Expect the unexpected in China, because that's surely what you can expect. They did the best they could with my leg in Australia, but due to damage from infection and previous surgeries had to remove my Achilles tendon completely. They took a large muscle from my abdomen and put it in the hole in the back of my leg. I don't expect to be applying for any leg model jobs in the near future.

 

[Zhou Zhou]

Wow, you really had a rough time of it. I sure hope all the best for you. Your advice makes me appreciate Lao po friend with a husband in high altitude. Good luck!