People who travel
across borders for surgery must be protected from negligence or
malpractice or false advertising which concerns brokers and
insurance agents both. So far, the industry of facilitating patients
to other hospitals around the world, without giving medical advice,
isn't still very regulated at this time. This issue will probably be
addressed in a near future.
There are large regulatory issues involved. Part of the problem
is the unwillingness of health insurance companies (and politicians)
to take it seriously. Legal issues abound: what happens if there are
complications, what happens with extended stays in the hospitals,
what happens if you die? If something goes wrong, can you sue? Many
countries don't have the protective legal systems westerners are
used to yet. There is no international regulation concerning this
area of international trade. What is the legal status is, we don't
really know?.
Complications do arise in any potential operation that is
undertaken. You can't guarantee that health care and the sequels to
operations are always going to run smoothly, there will always be
issues about problems that arise. And how one deals with those on a
patient who, let's say, has made a contract with a company or a
broker in New Delhi to travel to Mumbai (all these cities are in
India) for surgery, or to travel within India for recuperative
holiday and such like, and something goes wrong in the operation
itself? Trying to resolve these legal issues really is going to
become a quite fundamental issue over the next 10 or 15 years.
And of course it's going to differ from jurisdiction to
jurisdiction. It may even differ from where the patient comes from.
You can have a hip replacement in Bangalore, or heart surgery in
Mumbai, or dental work in New Delhi (all these cities are in India),
but you may find it hard to get insurance, or a legal comeback. |