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Legal Issues in Medical Tourism
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Legal Issues in Medical Tourism

Any type of trip especially when related to medical treatment and rehabilitation is associated with certain difficulties such as arranging paperwork (visa, medical, insurance, etc). Whatever document you prepare, it is required to check it for accuracy and completeness as well as all needed details (photos, signatures, seals, etc). Some papers will have to be translated into a foreign language and oftentimes legalised (apostilled) to be valid in a foreign country. These issues are frequently delegated to lawyers.

A number of questions naturally arise in regards to trip arrangement and primarily concern establishing legal relationship with the service provider (agency, insurance company, clinic, etc). Such contractual relations should be upheld without fail, by means of entering into a written civil contract. The contract may be concluded directly with medical or rehabilitation institutions or through an intermediary (agency, insurance company, etc). However, the contract offered to you in such cases should include all essential and necessary conditions that in the first place cover:

  • the subject matter should indicate general names as well as interpretation of entire list and range of services
  • specifically stated  rights and obligations of the parties
  • term of the contract (it is preferred that the contract includes the phrase: “…until full satisfaction of their assumed obligations”)
  • cost of contract (with specific distinction of payment to medical or rehabilitation institution as well as remuneration to the service operator)
  • liability of the parties, i.e. breach of duty on the part of the provider, indemnities and fines.
  • force majeure (circumstances when the parties are excused from liability for the breach of contract)
  • jurisdiction and legislation (indicating country and place of consideration of a claim and judicial disputes)
  • contact persons and guaranteed communication

Before signing the contract, it is strongly recommended to consider accuracy of details of the parties and authority of persons entering the contract. Legal person introduced without the power of attorney should be represented by its head officer as opposed to the manager.

In case if reading of the copy of contract offered to you did not contribute to the understanding of how adequately and correctly the contract regulates the legal relationship and guarantees protection of rights and interests of the potential patient, you’d better give the contract to a competent lawyer. Avoid signing such agreements unless you read and understand their conditions. Do not fall for assurances such as “this is just routine”.

Travelling overseas to receive medical or rehabilitation care, the patients should keep in mind that no country around the globe can offer 100% guaranteed quality of service and absence of complication. What’s more, shortcomings in service arrangement like patient attendance, accommodation of the patient and his/her attendants, cost of services, etc., should not be excluded. In cases such as these, you may need to consult legal advisors specializing in medical law, in order to restore your rights and interests.

Sometimes questions may emerge even when trying to receive certain types of medical treatment. In most cases, it is associated with reproductive IVF programmes with surrogacy and/or donation, stem cell application, organ transplantation, induced abortions, etc. To avoid legal conflicts in both the destination of choice for medical interventions and consequently in the home country, it is recommended to consult a competent lawyer in advance.

Tags: medical tourism, treatment abroad, foreign patients, legal issues, medical travellers

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Медицинский туризм, иностранцы посещают фитнес клубы Киева для улучшения здоровья. Appartment rentals, daily rent for relatives of patients