What Legal Recourse Do I Have?

"What Legal Recourse Do I Have in the Event of a Botched Surgery?"

Most medical tourism destinations around the world work diligently to provide quality service to their patients.  After all, poor reviews and damaging testimonials could translate to millions in lost revenue.  Thus, medical facilities typically have malpractice insurance, ethical codes, supervisory boards, accreditation, and heavily regulated guidelines for quality care.  But very few of them approach compensation the way that the United States does.

Explore All Legal Avenues

The short answer is that you don't have many options in the event of a botched surgery.  If something goes wrong, you should certainly pursue all legal avenues available to you.  Many of the top medical tourism facilities will do everything they can to placate you, but don't expect a million dollar pay-out.  The most you should reasonably expect is a substantial discount (if not a free bill), and in some rare cases, a small nominal settlement from the medical facility. 

Regardless of your nationality, your case will be subject to the laws of whatever medical tourism country you’re in.  This means that you might have to hire a local attorney and extend your medical vacation indefinitely (or make frequent trips back and forth).  It’s also sometimes possible to hire a lawyer in your home country if he or she is licensed to practice law abroad.  Post-operative care is also another major consideration.  If a surgery goes wrong, you might still need medical attention.

Healthcare is always a gamble, no matter where you receive it.  Surgeries can go wrong in the United States, and surgeries can go wrong in India.  We feel strongly that medical tourism has much to offer in the way of quality healthcare and treatment, but ultimately, the decision is yours and yours alone.  Jeff Schult, author of medical tourism guide, Beauty From Afar, says quite simply: 

My sort of blunt advice is that if your primary concern in going to a doctor, surgeon or dentist is whether or not you're going to have legal recourse if you don't like the work you get, you shouldn't go overseas.