Malpractice and Liability

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What Are Medical Malpractice and Liability?

“Malpractice" and "liability” are arguably two of the most feared words in the medical industry.  Doctors don’t want to talk about it, patients don’t want to experience it, and lawmakers don’t want to deal with it.  But any real discussion of medical tourism must take malpractice and liability into account.  There’s always a risk that a procedure can go wrong (no matter where you are), and it’s important that you understand what legal avenues and resources are available to you.

Unfortunately, too many medical tourism companies out there sugarcoat the potential dangers of receiving medical treatment abroad.  Some are simply too scared to deal with the “Achilles heel” of the larger medical tourism industry.  They oversell the benefits and underplay the potential drawbacks of medical tourism.  However, we feel that in order to benefit from medical tourism, you should be as informed as possible. 

Although the following sections are by no means comprehensive, they should help you develop a much clearer picture of the various steps you can take to protect yourself against potential negligence, incompetence, and liability issues.  For a full picture, make sure you consult an attorney who possesses thorough training in international law, medical malpractice, and/or medical tourism.

What Is Malpractice?

Medical malpractice is professional negligence or incompetence in a health care environment.  It is the failure to exercise a degree of care and caution while performing medical services in a professional setting.  When a dentist, physician, nurse, or some other medical practitioner fails to perform his or her duties with the same standards and skills that one would normally expect of such a professional, medical malpractice may have occurred.  This is especially the case if a medical practitioner’s lack of skill results in some type of injury, complication, illness, or even death.

Malpractice Laws Are Important

In the US, malpractice lawsuits are costly, time-consuming, and emotionally taxing, both for practitioners and patients.  But no one wants an incompetent physician or dentist.  No one wants to expose him or herself to unnecessary risks.  No one wants to receive substandard healthcare.  So in a way, malpractice lawsuits serve a very important function in healthcare.  They help weed out negligence, preventable errors, and unethical behavior.  But if you’re looking to receive affordable treatments abroad with potential promises of multimillion dollar settlements in case something goes wrong, medical tourism might not be the best option for you.  Payouts in foreign countries don't usually approach the inflated settlements you read about in the US.  Think of malpractice laws as a first line of defense and not as a retroactive fix for surgeries gone wrong.   

What Is Liability?

Liability is usually synonymous with responsibility or accountability.  In the medical world, liability is assigned to whichever parties are responsible for botched surgeries, negligence, incompetence, or mistakes.  Keep in mind, however, that some medical complications arise due to extenuating circumstances.  With certain medical conditions, there simply is nothing that a practitioner can reasonably do to improve the situation.  Liability is usually reserved for cases where mistakes and negligence could have been prevented in the absence of human error or lack of skill.

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