Saturday, May 30, 2015

Medical tourism: On the subject of liability implications

In no doubt, medical tourism is comparatively fast developing industry as per testified by numerous websites out there. On the other hand, along with its fast-growing industry, are the issues concerning legal responsibility, otherwise, the subject of liability.

At present time, a lot of people who seek medical tourism, or the so called medical tourist are not insured or in some cases under insured as they entered the procedure of tourism treatment, as a result, disorder may perchance arise by the time a particular treatment did not meet its objective or worst, failure to give a successful operation. Thus, liability implications on problems put into picture.

A number of the most direct adversary with the idea of medical tourism is the attorneys, for the reason that the said inclination may lead to a possible risk of their relevance.
This article will make you be familiar to the legal issues this medical tourism has been facing since then. Below are just some basic and regular inferences.

·         By the time failure treatment took place, medical plaintiff would be at hard time of seeking justice in a foreign legal system for the reason that, of course, citizenship concerns. Americans will definitely be Americans even though they moved to Asia for medical purposes, thus, Asians would definitely control justice in Asia; and Americans will absolutely have the power of justice barely in America.

·         National laws may possibly show a discrepancy from a particular country down to another nation. In the midst of different laws in other country, the legal substitutes designed for the patients or the clients are just minor in number.

·         Legal responsibilities of medical treatment as well as procedure likewise considerably different among countries. For this case, a particular treatment like sex change operations may perchance be legal and available in Thailand but on the other hand, banned and against the law in some of the Christian country like Philippines. In addition to the use of marijuana as drug prescription in other countries, on the contrary, prohibited in some country.

After everything else, maybe it is a good thing to quote what Jeff Schult said in his book discussing about medical tourism entitled “Beauty From Afar: A Medical Tourist’s Guide to Affordable and Quality Cosmetic care Outside the U.S. And he quote, “My sort of blunt advice is that if your primary concern in going to a doctor, surgeon or dentist is whether or not you’re going to have legal recourse if you don’t like the work you get, you shouldn’t go overseas”, thus he assumed.  Read more here.

One more things is, in actual fact, we are not just talking health here, we are also talking about legal accountability of medical tourism which may perhaps weaken its industry if not proceeds its undertaking.

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