Understanding legal issues for medical tourism

Healthcare and medical tourism have become a matter of global concern today. There are many legal issues associated which should be taken into consideration before embarking on a medical trip. Patients who are planning to travel from developed countries to 3^rd world regions for particular treatments should be well informed of their rights, prior to entering into any agreement. It is the duty of the treating hospital and a facilitator (if you are using one) to explain all the relevant legal matters to you in a language and manner you can understand. 

Key legal terms to understand for medical tourism

While understanding the legalities involved in medical tourism and the legal system of the host countries, you must ensure that the treating region has the following guidelines in place:

• Established laws: Recognized rules of conduct accepted by an authority that regulates the working of the day-to-day affairs of any state, organization and undertaking etc.
• Evenness of enforcement: This refers to a regularity in ensuring obedience to and observance of accepted laws or standards of behaviour either through force or otherwise. 
• Legal recourse: This refers to an action that can be taken by any individual or organization to attempt to remedy a legal difficulty.
• Protection of patients: Healthcare professionals are becoming more and more conscious of the importance of acknowledging an active role for the patient. In defence of patient protection, public authorities need to recognize the patient’s role and encourage their participation in decision making.
• Malpractice recognition: This refers to the identification or acknowledgement of a breach of duty by any professional who fails to follow accepted standards when undertaking his/her contractual obligations. 
• Accounting and financial disclosure: A requirement to reveal all information pertinent to any transaction involving the accounts and finances of any organization or undertaking.
• Tax system: A legal system for assessing and collecting taxes

Protecting yourself from legal issues during medical tourism

Prior to agreeing to any consent forms provided by the treating facility, ensure that all the terms and conditions are provided to you in writing. If you have any doubt regarding the conditions, it is better to consult a specialist medical lawyer and in the event that you are not in agreement with the prescribed terms and conditions, do not sign the agreement. If you have selected a package deal through a facilitator, make sure to protect yourself by guaranteeing that the medical cost includes covering any expenses for medical complications that might arise—this should be reflected in a consent form provided by the hospital. Ask about your rights regarding legal actions and make sure to check and read the agreement carefully before signing. 

What medical tourists need to know about legal recourse

The idea of legal recourse is something all medical tourists need to consider before travelling. Most medical facilities catering to foreign patients have international accreditations and affiliations with esteemed centres establishing a high level of quality. However, physicians are still likely to make errors, in which case a patient should be able to receive retribution in the form of medical malpractice. The US is a very litigious society, which is one of the reasons why they have an extremely high cost of healthcare. However, other countries around the world do not necessarily have established malpractice laws.

You need to find out the level of legal recourse available to you in the event that a complication should occur. You also need to ascertain whether the legal body of your home country can take lawful action against the provider of another country. Clear all your doubts regarding who will be liable or held responsible in case of any mishaps—the doctor or the medical staff. Nowadays, some clinics have started including jurisdiction clauses in their agreement to protect themselves from being sued by foreign patients or their home country. In that case you should know what your rights are and inquire about the possibility of receiving a refund in case you need to cancel the surgery or the doctor decides not to perform the procedure.

Tips medical tourists should know about legal issues

Before signing the agreement, you should follow certain steps to ensure the quality of service available, such as:

• Enquiring about the qualification of the doctor/ surgeon you are consulting and their experience
• Terms and conditions of the medical insurance and the limits to the policy
• What international standards does the medical facility meet
• Asking to review any available records or reports of pending lawsuits against the medical staff
• The liability that the medical staff will assume in case of malpractice or errors
• The average payout as a compensation in case of any error

It might be beneficial to search for a legal representative from the host country as the procedures may well be significantly different to what you are familiar with in your home country. Language barriers may also limit the communication. These factors can turn out to be a potential problem during any compensation procedure.

Websites such as IBMS (International Board of Medicine and Surgery) and Joint Commission International can give you an idea about well-regarded doctors and accredited medical facilities. At IBMS, you can enquire about certified physicians, surgeons and other health care experts. This organization claims to validate membership with proper documentation of license, speciality certification and hospital affiliation for all doctors around the world. This organization along with Joint Commission International and other accrediting institutions provides you, the medical tourist with access to crucial information related to medical professionals and facilities around the world, which will help you in your decisions regarding treatment overseas.