Legal FAQ's for Medical Travelers
Whether you choose to make all arrangements for yourself (DIY), or book with a medical tourism company, make sure you fully understand the logistical, medical and legal considerations affecting all medical travellers. We recommend getting all answers in writing.
What happens if a surgery is botched?
As a DIY self-pay patient you don't have many legal options in the event of a botched surgery or to settle disputes. Your best protection is to book your trip through a company that provides the case management that includes processes to protect you legally and financially in certain situations. As a pro-active preventative strategy, consider purchasing medical complications insurance. Read: “Medical Trip and Medical Procedure Insurance.”
Medical Malpractice Issues
Most medical tourism service and medical around the world work diligently to provide quality service to their patients and clients. Although most medical tourism facilities, i.e., hospitals, dental clinics, etc.) will have medical malpractice insurance to address any unforeseen events, seeking damages can sometimes be difficult in cases of negligence, misdiagnoses, or incompetence. Read: “Understanding Malpractice in Foreign Countries”
Suing for Medical Malpractice Abroad:
Says Dick Atkins of Dick Atkins Esq., “I get calls from medical tourists and I tell them what the issues and problems are. There have been a couple of incidents in hospitals in Costa Rica and also in the Dominican Republic but in each of those cases there wasn’t anything viable that could be done. It was too costly and the system was too complicated to recoup compensation and the amount of any award would be too little.
In other countries lawyers don’t offer their services on a contingency basis so you will have to pay your lawyer up front maybe $100 or $200 or more per hour and it can go on for hundreds of hours.
Because of what patients are required to sign, because of the system and because lawyers want the money up front it is virtually impossible for suing to be worthwhile.”
Resolution of Disputes and Grievances
What non-legal recourse do I have to get my money back based on a negative medical tourism experience?
For example, What if the provider is unable or unwilling to provide the services or treatment agreed to?
Your first line of defense is to contact the travel agent and/or medical tourism company who booked your trip. What insurance or case management processes are in place to cover such eventualities?
Complaint Resolution and Mediation Service
You are not without non-legal recourse to settle disputes with medical tourism companies, facilitators, and service providers.
Traveling4Health’s Complaint Resolution Team acts as a powerful patient-advocacy program. We offer our members free non-legal advice about resources for conflict resolution as well as a conflict resolution mediation service to patients and providers seeking amicable resolution to disputes. Read: Traveling4Health’s Complaint Resolution Policy and Procedure.
Legal Rights Affecting the Medical Tourist
We hear so much about how travelers are legally unprotected outside their country of residence that it’s good to know who to call for help. Read: “Legal Rights Affecting Medical Tourists”
For more in-depth FAQ’s regarding legal and insurance topics, read the EBook “How to Plan a Successful Medical Tourism Trip”.
Traveling4Health does not give legal advice or legal opinions. Transmission of information by our Patient Advocacy or Mediation Teams is not intended to create, and receipt does not constitute, a lawyer-client relationship between Traveling4Health and you.
Postings in the Articles, Blogs, Forums, Groups, User Profiles, and any other areas of and through our web site(s) are for educational and information purposes only. They are not legal advice or legal opinions. The opinions expressed in the postings may be opinions of the authors and do not reflect the opinions of Traveling4Health, Inc., its employees or agents.
