The health care industry is in a state of flux, and not just over the Affordable Care Act. Medical tourism, when patients travel to foreign countries for medical care, is a burgeoning trend. In 2014, 1.4 million Americans embarked on medical tourism, and that figure is expected to climb.

The first question many people ask is “Is this legal?” The short answer is yes. Laws are enforceable by jurisdiction. Just like a California law doesn’t apply in Alabama, an American law doesn’t apply in China. Many procedures that are illegal here are perfectly legal for American citizens to get overseas.

Medical Malpractice and Medical Tourism Insurance – a Match Made in Bureaucratic Heaven

As the old saying goes, ‘it’s all fun and games, until someone gets hurt’. If a surgery, or recovery, goes awry, most hospitals will not cover the cost of complications. U.S. medical malpractice laws will rarely apply to overseas defendants, and when they do, the judgment awards are low. Medical tourism is specifically not covered under most standard travel insurance agreements. Not surprisingly, the insurance industry has pounced on this gap. Patients can now buy medical tourism insurance for this purpose. For example, you can buy a $1 million policy for about $6,000, but most settlements are based on an arbitrator’s decision.

An Ounce of Prevention Is Worth a Pound of Cure

Medical tourism is legal in almost all respects, primarily because there is very little regulation, and therefore very little legal protection. However, there are ways to protect yourself before you go. There should be a host of written agreements to sign from the health care facility, the group arranging the trip, health and/or travel insurance agreements, and potentially many others.

Related Resources:

  • Find a Health Care Attorney in Your Area (FindLaw’s Lawyer Directory)
  • Injured Abroad: Top 5 Laws You Need to Know (FindLaw Injured Blog)
  • Celeb Surgeon Caught After 4 Days on the Run (FindLaw Celebrity Justice Blog)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules