More and more people are combining their vacations abroad with visits to different medical centres – typically, dental care, orthopaedic and cardiovascular treatments and cosmetic surgery are much cheaper and more readily available abroad. However, despite the fantastic benefits, there are also significant risks to be aware of, which I will discuss in my latest article.
If you are considering heading overseas for treatments, one of the most critical points to consider as a medical tourist is the possibility of malpractice. Sure, the costs are significantly lower compared to the UK and the US, and there are shorter waiting times, but you need to consider if the risks are worth the benefits.
You need to fully understand the risks of malpractice when you are away from your home country, allowing you to make better decisions and protect yourself against any dangers.
Jurisdictional Challenges
If you are a victim of a malpractice incident in a different country, one of the biggest challenges is determining who is accountable. Medical errors or negligence abroad can become a very complicated matter due to many jurisdictional issues. Most countries will inevitably have their own legal framework in place, which will quite often be totally different from your country of residence.
For example, a malpractice incident in the UK or the United States will be governed by strict laws and standards. Conversely, countries such as India, Mexico, Thailand and Turkey (where medical tourism is most popular) will typically have laws that block foreign patients from filing lawsuits (even if you are successful, the outcome may be vastly different from a win back home). It is essential to research the malpractice laws of your chosen destination country before heading there for any medical work.
Additionally, the burden of proof in malpractice cases can be hugely different depending on the area. Certain countries have lower standards when attempting to prove negligence, while others could have super-high standards —there is not one set rule across the globe.
As mentioned, protect yourself fully with knowledge of the country’s legal framework regarding medical malpractice just in case the worst happens. You could even hire a local legal representative before your procedure, just in case.
It is also important to be aware that even with local legal assistance, you may be in for a lengthy process that could be costly, and you may not even receive a favourable outcome.
The Differences In Health Care Systems
Even though many countries that attract medical tourism have cutting-edge medical equipment and facilities along with highly trained doctors and physicians, not all are created equal. If you are searching for medical treatment overseas, there is often a huge difference in standards (especially from country to country) that you may receive during treatment.
One factor is that regulation and accreditation can differ dramatically. For example, even if a clinic looks modern and state-of-the-art, it may not offer the operational and safety standards that you would receive at home.
Specific countries in Southeast Asia or South America may have clinics and hospitals tailored to foreign tourists, but they are largely left to their own devices and do not operate under strict laws compared to UK, European, or US-based businesses. Because of these differences and lower standards, there is a higher chance of risk from malpractice, which can start with minor post-surgery problems and escalate to light-threatening complications.
Additionally, if you are travelling for cosmetic work, such as plastic surgery or dentistry, there could very well be a lower level of regulation standards. As such, this can lead to doctors becoming blasé with treatment, as they may not be held accountable for any problems (especially compared to home countries). Incidentally, many countries offering holiday-style medical treatments regularly promote treatments they are famed for and excelling in (such as veneers and certain plastic surgeries); other areas (notable orthopaedic surgery or fertility treatments) may be limited and run the risk of errors.
It is imperative to thoroughly research the clinic or facility beforehand and determine any licensing requirements. Additionally, if the practice is accredited by international organisations like Joint Commission International (JCI), it can help give you extra peace of mind.
Obtain Specialised Legal Support
If you have found yourself in a position where you have suffered from medical malpractice, leading to serious problems (such as long-term disabilities or even birth injuries), it is vital to seek specialised legal assistance as soon as possible.
For example, birth injury lawyers will understand the complex issues in cases based around maternal and neonatal care. If you are looking for more information on this subject, the expert team at www.hoovermedicalmalpracticelaw.com/ explains that these particular situations require a deep understanding of legal and medical details, especially as they are highly sensitive.
If your medical treatment in a different country has resulted in an injury, contact attorneys who specialise in this sector. They can help you traverse the international legal minefield before you, ensuring you receive the correct compensation you are due.
As laws regarding medical malpractice can vary greatly between countries, having the correct legal team on your side can make a huge difference in winning a case.
You Need To Understand The Risks
One of the lesser-known yet critical areas of medical care (both at home and abroad) is informed consent. In other words, before proceeding with any medical procedure, you fully understand all of the risks and benefits and if there are any alternatives.
Also, remember that language barriers, cultural differences, and differing legal standards can quickly complicate the process of obtaining explicit consent. In some countries, there may be less stringent laws requiring the healthcare team to disclose the risks (especially compared to the UK, EU, and US).
If you do not fully understand what you are agreeing to, you could be unwittingly accepting much more dangerous risks than you would expect at home. Problems like this can then transform into bigger issues when patients are not fully informed of any complications that may arise, potentially leading to malpractice and very little legal help.
Insurance Coverage
Many travellers are typically unaware that standard domestic health insurance does not cover medical procedures or any potential complications. International healthcare providers may not even recognise your insurance company, leaving you high and dry. Similarly, your travel insurance will unlikely cover any expenses for medical work. Also, once you return home and need additional corrective surgery because of malpractice problems, the extra costs will likely not be covered as well. You could soon find yourself with a huge financial bill on top of your personal and physical issues brought on by botched medical techniques.
Summary
Travelling abroad for medical care is filled with excellent benefits at a much lower price point. However, there are many dangerous pitfalls that you need to be aware of. After reading my latest health-based guide, you will at least have an extra slice of knowledge about the legal matters if anything does go wrong. Remember to research thoroughly before travelling and take the necessary steps to protect yourself from misfortune.
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