Trade warned over ‘medical tourism’ liability

Travel firms should beware of offering trips linked to medical procedures abroad as they could face claims capable of bankrupting a business if things go wrong with ‘medical tourism’.

Lawyer Krystene Bousfield, partner at Travlaw, noted the number of UK residents travelling abroad for medical treatment had risen from 248,000 in 2019 to 523,000 in 2024 and said: “Only 43% travelled for cosmetic purposes. A lot [of people] travel for medical problems – hip or knee replacements, teeth problems, infertility treatment.” She added: “One reason is the length of NHS waiting lists, another is cost. It’s so much cheaper to go abroad.”

Bousfield criticised use of the term ‘medical tourism’, arguing: “It’s an unhelpful name when things go wrong.” She said describing travel for a medical or cosmetic procedure ‘medical tourism’ “doesn’t mean it amounts to a tourist service” and therefore part of a package under the Package Travel Regulations.

She noted the PTRs include “other tourist services” as part of a package, depending on how significant a part of a trip they are, and asked: “Does two nights in a hotel and a medical booking to have surgery or get your teeth done amount to a package?”

Bousfield argued: “Surgery is not a tourist activity.” But she added: “There is no case law on this.”

Turkey is the leading destination for medical travel from the UK, and a recent case saw a claim brought by the parents of a young mother who booked weight-loss surgery and aftercare in Turkey with a company called Get Slim in Turkey. The young woman suffered complications and died following a cardiac arrest.

Bousfield said: “The judge found the company had sold accommodation and a tourist service and awarded the family £800,000 in damages.”
She noted the ruling is not binding on other courts, as the case did not reach the High Court.

However, Bousfield argued: “The case was not defended properly. The company did not engage a lawyer [and] the defendant marketed inclusive packages alongside surgery and related services.”

She said: “I’m sure we’ll see more of this litigation. I’ve seen UK travel companies selling medical treatments. They argue they are just facilitating treatment. They don’t realise they’re acting as an organiser. Because of the language they use, they take liability.”