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Medical Tourism in Developing Countries

Medical Tourism in Developing Countries

Medical Tourism in Developing Countries

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156 ● <strong>Medical</strong> <strong>Tourism</strong> <strong>in</strong> Develop<strong>in</strong>g <strong>Countries</strong>Dest<strong>in</strong>ation countries are also comply<strong>in</strong>g with <strong>in</strong>ternational regulationsperta<strong>in</strong><strong>in</strong>g to health matters as well as <strong>in</strong>surance. They need to participate<strong>in</strong> the commitments made under the auspices of GATS. As a result of suchcommitment, they accept two legal obligations. 70 First, countries must grantmarket access to foreign competitors. Second, they must treat foreign competitorsno less favorably than domestic service providers. The UnitedStates, the EU, and numerous other source countries are signatories, sodevelop<strong>in</strong>g countries should not be far beh<strong>in</strong>d.F<strong>in</strong>ally, LDCs are will<strong>in</strong>g to work with middlemen that have sprung upat various levels. Despite the cost of such services, they provide <strong>in</strong>valuable<strong>in</strong>formation and access. <strong>Medical</strong> brokers <strong>in</strong> source and dest<strong>in</strong>ation countriesserve as middleman who, for a fee, f<strong>in</strong>d the best <strong>in</strong>surance deals. In India,Third Party Adm<strong>in</strong>istrators are middlemen serv<strong>in</strong>g as a l<strong>in</strong>k between thegovernment, <strong>in</strong>surance, and the <strong>in</strong>dividual patients both at home andabroad. 71 IREX India Limited is an agency that serves as a coord<strong>in</strong>at<strong>in</strong>g l<strong>in</strong>kbetween <strong>in</strong>surance companies and hospitals. In England there is a newcompany called Treatment Choices with medical <strong>in</strong>surance advisers thatf<strong>in</strong>d patients who are <strong>in</strong> the queue for medical services options abroad. 72Given that such middlemen are <strong>in</strong>creas<strong>in</strong>gly com<strong>in</strong>g <strong>in</strong>to existence, theroute through which providers and source-country <strong>in</strong>surers can communicateis be<strong>in</strong>g developed.Obstacle IV: Legal Recourse and Protection of PatientsOne potential <strong>in</strong>hibitor to medical tourism is the lack of legal recourse <strong>in</strong>the event of a problem. A patient who <strong>in</strong>dependently pursues a procedure<strong>in</strong> another country will only have that country’s legal system with<strong>in</strong> whichto resolve a dispute. Further, other countries’ legal systems are not as conduciveto litigation as the United States’, and they may not be equippedto resolve a dispute as efficiently as U.S. patients would expect. This couldprove to be a major deterrent for people with preconceived notions aboutsub-par health care <strong>in</strong> other countries, who would want the assurances oflegal recourse to fall back on. Yet, it is important to note that foreigndoctors also carry malpractice <strong>in</strong>surance, albeit potentially with lower coveragethan U.S. malpractice <strong>in</strong>surance. Furthermore, <strong>in</strong> the Indian legalsystem for example, malpractice cases are handled by special consumercourts and damages are limited to actual damages, mean<strong>in</strong>g that a largejury award for punitive damages (as might be given <strong>in</strong> the United Stateswhere state courts and juries are used) would not be conceivable. 73 Thereis also no uniform code as to what is considered medical negligence andmalpractice.

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