Medical tourism, both domestic and international, is on the rise. A year ago, several physicians who submitted comments to the American Society of Plastic Surgeons for a roundtable discussion on the topic pointed to cost as one of the main drivers of this upward trend. While price is certainly a factor, it is not the only reason. Medical Tourism Magazine, a digital publication for the global medical tourism community, cites privacy and anonymity as additional important factors in addition to access to advanced treatments not available domestically.
Close-up of a young woman standing with bare shoulders and neck, her face being touched … [+]
I live in Miami, which is considered one of the “Plastic Surgery Capitals of the World” due to the large number of plastic surgeons and plastic surgeon practices here. I therefore thought it would be appropriate to consult a lawyer with a law firm specializing in medical law and some of the region's leading health care providers regarding the risks associated with medical tourism, particularly when traveling abroad. I thought.
Amanda Howard, an attorney at Florida Healthcare Law Firm who specializes in representing medical professionals and businesses, said she is seeing an increase in consultations and lawsuits related to negative outcomes from cosmetic procedures both domestically and internationally. Told. “I have never been accused of performing a procedure in the United States that caused severe side effects, attempting to import a non-FDA-approved drug into the United States for use on a patient, or seeking guidance regarding the scope or content of my practice.'' I have represented clients who have requested…
Howard continued: “From my perspective, it appears that some health care providers and companies are lowering their standards or changing their standards in order to remain competitive in the marketplace. “It appears to be a case of facing patients, especially among health care workers who are less well-off and lack legal expertise.” There are similar limitations. ”
In addition to stitches to make her nose taller, Dr. Duran's patient underwent two surgeries overseas.she … [+]
Dr. Paul Durand, a board-certified plastic surgeon based in Miami, tells me that the majority of his practice is revision surgery for surgeries performed elsewhere. “I see many patients who have had surgery abroad, especially in South America, Mexico, and the Caribbean. There are some great surgeons overseas, many of whom I know personally; There are many surgeons who aren't. The problem with having plastic surgery abroad is that it's very difficult for patients to tell who is a well-trained and safe surgeon and who is not.”
Even if a patient finds the best surgeon abroad, questions about the hygiene standards of the facility, how instruments are sterilized, who will assist the surgeon, and post-operative care procedures may be difficult to answer. That's how Durand feels. “Complications can happen to even the best surgeons. What if you experience this abroad?”
With the explosive growth in cosmetic procedures, Dr. Michael D. Mirmanesh, a plastic surgeon who practices in multiple states, including multiple facilities in Florida, and has performed more than 3,000 procedures since 2000, said: He says cosmetic procedures are becoming more mainstream for patients. Look for cost-saving options outside the United States.
She was a patient of Dr. Michael D. Mirmanesh and had silicone fillers placed around her eyes.
“Prices may be significantly lower overseas, but they come with significant risks. There are also certain treatments that are not routinely performed in the United States due to safety concerns, but are not routinely performed overseas.” Similar to Durand, the most common type of injection I still see is silicone injections, which often cause permanent disfigurement. Mirmanesh acknowledges that even with the best medical professionals there can be risks and adverse outcomes, but in those cases complications can be managed by the original surgeon.
With the demand for fillers on the rise, I wanted to ask Miami-based Pamela Weinberger for her opinion. He is a nationally certified medical associate in both New York and Florida and is recognized as one of the leading educators at Allergan Medical Research Institute. With 10 years of professional experience, one of her biggest problems in practicing is her lack of education and know-how. “Unfortunately, many practitioners are not properly trained, and in some countries individuals administer injections without proper licensing or regulation. as part of our 10% correctional injections from injectors in the U.S. and abroad who prioritize profit over patient safety and optimal outcomes.”
Another problem Weinberger recognizes is that the type of filler is unknown. “I have come across cases where patients moved to Miami with unknown lip fillers and in some cases even suspected silicone injections. Dealing with such challenges requires careful evaluation, Corrective measures using hyaluronic acid fillers are required if necessary, along with antibiotics and steroids to reduce the risks associated with previous silicone injections. However, with the right practitioner and orthodontic experience, you can achieve surprisingly natural results.”
Pamela Weinberger PA-C's recent patient silicone injection before and after photos … [+]
In the United States, patients may pursue legal recourse if an adverse or undesirable outcome occurs, assuming informed consent has been given and consented to explain the risks, benefits, and treatment alternatives. can do.
“Failure to obtain informed consent may be the basis for a medical malpractice claim. This is the first line of defense. Additionally, if the health care provider fails to meet the standard of care or is negligent during the procedure, If there is, you could be sued for medical malpractice,” Howard explains. However, she has made it very clear in her conversations with me that whether monetary damages will be collected is a different story. “Patients also have the right to report your concerns to your provider's licensing board or state health department, so those authorities may investigate your claim.”
For patients who travel abroad for cosmetic procedures and experience negative outcomes, Howards said they face a legal turmoil and need to file a lawsuit in federal court.
“Establishing personal jurisdiction over a foreign defendant will likely be very difficult, if not impossible. This means that courts will not be able to enforce any judgment against a foreign defendant. Even if the court were able to exercise personal jurisdiction and the plaintiff was successful, it would likely be extremely difficult to recover monetary damages from the foreign defendant. There may be an option to seek redress in the country where the procedure took place, although the patient will likely have signed an informed consent or waiver prohibiting them from doing so.
So where are the above medical experts' opinions on undergoing cosmetic procedures abroad?
Durand does not recommend it. But if patients choose to do so, he suggests not only researching the surgeon and their country's National Association of Plastic Surgeons to confirm their status, but also researching surgery centers and hospitals. . “Given the option, performing the surgery in a large private hospital rather than in an in-office operating room will always yield better results,” Dr. Mirmanesh said. I think there are many surgeons who are even better than that.” However, we do not recommend undergoing surgery abroad for people who do not understand the native language or are not from that country.
Regarding obtaining injections overseas, Weinberger added: “If you live in the United States, we have an abundance of skilled injectors such as physicians, RNs, and physicians, so you don't have to travel far for specialty care. When it comes to your aesthetic goals, don't let cost be a priority. That's important. Fixing a mistake is much more expensive than getting it right the first time.”
From a legal perspective, Howard said patients need to take precautions and take appropriate precautions whether they choose to undergo surgery domestically or abroad. I'll tell you. “Research the procedure, research the practice, research the provider. Ask your provider lots of questions. How does the procedure work? What tools are used? From a legal perspective, please refrain from signing any informed consent or waiver forms until you are completely satisfied with the precautions listed above.
