¬The Medical Tourism Contract
(A comparative study)
The Medical tourism contract is considered as one of the most important novel contracts resulting from the current globalization of the health system and the emergence of a medical tourist that crosses the international border to spend money for treatment in another country at the lowest cost and highest quality. Medical tourism contract has a compound character with a private nature. It raises many legal and ethical problems concerning: place of conclusion the contract, brokerage, Organ transplantation, reproduction, the distinction between national and foreign patients and the use of modern technologies not authorized in the treatment during tourism.
Medical tourism contract creates interrelated and interdependent obligations between parties who may be separated by thousands of miles away. The French judiciary does not have one opinion concerning obligations of the tourism services provider; sometimes it considers these obligations as an obligation of conduct and at other times as an obligation of result.
The contractual responsibility for the medical tourism services provider may vary according to his role. The provider is responsible for other service providers who are entrusted with providing some of the overall therapeutic tours services, with eligibility to refer to them.
Despite the importance of this contract, it has not yet organized by a legislative act. Hence, this matter requires adopting a special legal system which should fit with the special nature of the services of medical tourism. |
