Medical Tourism FAQs About Legal and Insurance

FAQs About Legal and Insurance

• Do I Need a Durable Power of Attorney When Abroad?

• Will Other Countries Recognize My Power of Attorney Document?

• Will Foreign Medical Facilities Honor My Power of Attorney Document?

• If I Am Unable to Make Decisions for Myself during or after Treatment, Will the Medical Tourism Facility Recognize the Authority of My Designated Guardian or Proxy?

• Suppose the Medical Tourism Facility Is Unable or Unwilling to Provide Treatment Once I Arrive. Do I Get My Money Back?

• Back Home, I Usually Have to Sign Consent Forms Before Surgery. Is the Same True Abroad?

• Is There Any Way I Can Review Consent Forms in Advance and Make Changes?

• Hospitals Back Home Don’t Allow Me to Bring in My Own Prescription Pills during Treatment. Is This True with Medical Tourism Facilities Abroad?

• If I Sign up with a Medical Tourism Company, Who Is Ultimately Responsible for My Health and Safety?

• Can I Take Prescription Pills Back Home?

• What if I’m Prescribed Medications That Are Not Allowed Back Home?

• How Do I Handle Follow up Procedures?

• What Legal Recourse Do I Have if the Operation Goes Wrong?

• Do I Have the Right to Sue for Malpractice?

• Will My Insurance Cover This Procedure?

• Are Medical Expenses Paid abroad Treated Any Differently for Tax Purposes?

Do I Need a Durable Power of Attorney When Abroad?
Will Other Countries Recognize My Power of Attorney Document?
Will Foreign Medical Facilities Honor My Power of Attorney Document?
If I Am Unable to Make Decisions for Myself during or after Treatment, Will the Medical Tourism Facility Recognize the Authority of My Designated Guardian or Proxy?

A durable power of attorney (PoA) is a legal document that allows you to designate another individual to act on your behalf with regards to important medical or legal decisions.  One typically drafts a power of attorney when traveling abroad for study programs, extended vacations, or work relocation.  However, it is becoming increasingly common for medical tourists to create PoAs before going abroad for treatment.   

While it is usually a good idea to appoint a close, trusted relative or friend as your proxy “attorney,” there are no guarantees that all third parties will accept the terms of such a document.  This is as true in your home country as it is for most of the medical tourism destinations that you might visit around the world.  However, if the power of attorney document is notarized by the appropriate consulate, this can add substantial legitimacy to your paperwork.  Let's say that you plan to travel to Thailand, and you want your sister to act as your proxy in case of an emergency.  Then you should visit the closest Thai consulate in your home country and have the appropriate authorities notarize the letter.  You should also go through the same notarization process with the appropriate authorities in your domestic jurisdiction.  In other words, having an American notary public, attorney, or equivalent sign off on your letter is a good idea if you live in the United States.
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What Legal Recourse Do I Have if the Operation Goes Wrong?
Do I Have the Right to Sue for Malpractice?

Malpractice laws vary from region to region, and of course, your particular treatment will influence your options as well.  But as a general rule, you’ll be subject to the laws of whatever country you are in.  For a more detailed discussion, please visit our Medical Tourism Malpractice and Liability section.
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Will My Insurance Cover This Procedure?

When determining insurance coverage and liability, there are a number of variables worth exploring.  Below are just a few of the questions you might have to answer before learning whether or not you’re covered for any particular procedure. 

• Where are you from? 
• What type of procedure do you require? 
• Where is the procedure being performed?
• What is your medical history?
• Who is your insurance provider?
• Is this procedure readily available in your home country?
• Is this procedure normally covered in your home country?
• Is this facility fully accredited?

For a more thorough discussion about what is and isn't normally covered, please visit our Insurance & Taxes section.
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Are Medical Expenses Paid abroad Treated Any Differently for Tax Purposes?

We actually have an entire section devoted to Medical Tourism Taxes.  At this time, it is very US-focused, but if you have feedback regarding other countries, please let us know.
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