When a medical tourist crosses the border for treatment, he may end up facing many legal and ethical issues. In many countries are there no specific laws dealing with medical tourism due to which people may end up in unfortunate situation and without any remedy. Problems really occur when the insurance does not completely covers the patient or the patient is not able to receive the compensation. Now a day’s insurance companies are gearing up as they are offering products which protect the patients when things go wrong when they are abroad.
While choosing a destination for medical treatments one must not only go by the advertisement but should also do research. At times there could be false claim which does not have any substantiated data to authenticate information being provided.
In the era of advertisement many countries are projecting themselves as ideal destination for medical tourism but only few has dedicated laws regarding medical tourism. When a medical tourist decides to take legal action against the medical service providers, the legal framework or the working of legal fraternity may not suit him. The legal process is time consuming, expensive and at times one may not get full reimbursement.
When there is medical malpractice the aggrieved party can seek legal help under Consumer Protection Act in India. Under this Act an aggrieved person can file his complaint and seek compensation for the damages. Criminal action against doctors can also be taken under Penal Code if death has occurred due to negligence.
The amount of compensation depends upon various factors such as nature of injury, deficiency in service, expenses incurred, loss of income, pain and suffering.
In order to claim compensation certain parameters has to be proved by the aggrieved party such as there was duty of care, there was breach in performing duties and that breach of duty was the cause of injury.
We do not provide legal advice over the web as facts and circumstances of each case are different. If someone wishes to seek any legal help then they can approach us by filling up contact form.