Exclusive Article by Jamie Costello at EMRIndustry
There are several considerations that you should be aware if you’re within the international healthcare field, whether you specialise in insurance, medical tourism or project development. There are several questions that you’d ask which may impact patients who are seeking medical procedures or related services internationally. This may include what are the regulatory healthcare issues with regards to cross border healthcare and what you actually need to know about it. This article outlines the concerns with medical tourism and what legal issues are related to it.
Consent From The Patient
This is a process in which the medical practice receives informed consent from the patient that they’ve been advised of the risks and benefits of the treatment that they’re due to undergo. Options of how the surgery can be conducted will also be provided so that the patient can make an informed decision that’s suitable for them. It is up to the medical professional to gain the informed consent of the patient and this is normally provided in written form to be kept on record. The rules regarding informed consent and services are offered from governing bodies that are situated within the region where the service is being provided.
Generally, when receiving consent from a patient it’s important that their rights, risks and benefits are well understood. Therefore, questions such as whether a different language document is required or if an interpreter needs to be present will all be considered.
Issues With Medical Records
Sharing and providing medical records are also another sensitive topic with regards to legal issues for medical tourism. Considering services are being provided in a different country, would a patient’s full medical history be required in order to conduct the service? What are the patient’s governing laws with regards to sharing medical records to other providers? What about the patients’ care and mechanisms in place to ensure smooth aftercare coordination and follow up after services have been provided?
Treatments and Procedures Considered Controversial
Different methods can be used depending on the international destination that’s been chosen. This means that where some procedures may be considered satisfactory in some destinations, it may not be considered the same elsewhere. Examples such as genital screening, biological agents and use of particular medical devices could all be considered controversial. Often, the practice of innovative and controversial treatments are considered ‘experimental’, but that’s not to say that payment isn’t accepted or the patient isn’t provided with the option to undergo these treatments. Although treatments considered ‘evidence-based’ tend to be a covered service under payment and insurance benefits.
Dispute Resolution
What about if something goes wrong with the services? Medical tourists should be aware of what dispute resolution practices are in place in the system of litigation for personal injury claims. Can payment disputes arise within a liability claim if the results weren’t as expected? Due to resources available in particular international destinations, remedies may be limited which can affect the eventual result of the claim. If the patient was aware of the circumstances that they were getting into, there may not be a justified claim. These should all be discussed beforehand with dispute resolution solicitors Manchester based to ensure that medical tourists are covered if something was to go wrong.
Medical tourism patients is no phenomenon and it continues to be a rising trend that’s likely to grow. Due to the risks and questions that arise from it, it’s no debate that further studies and research is required around it, especially from a legal matter. For now, it’s about understanding and reviewing the questions that we already know and addressing them to ensure patient safety from a legal point of view. These are just a few, but the list will continue to intensify as the trend continues to grow.
