In recent years, Colombia has become one of the leading medical and aesthetic tourism destinations in Latin America. Procedures such as plastic surgery, dentistry, cardiology, fertility treatments, and other high-complexity medical services attract thousands of international patients every year.
Highly qualified medical professionals, competitive costs, and modern hospital infrastructure make Colombia an appealing option for patients seeking healthcare abroad.
However, behind this rapid growth lies a critical legal question that increasingly reaches law firms specializing in medical malpractice and health law:
What happens when a medical treatment fails and the patient is a foreign national?
Who is legally responsible?
The physician?
The clinic or hospital?
The medical tourism agency?
Or even the Colombian State?
What Is Medical Tourism and Why Does It Create Legal Risks?
Medical tourism involves traveling to another country to receive healthcare services, whether curative, preventive, aesthetic, or wellness-related. While this practice offers clear advantages, it also exposes patients to significant medical, legal, and financial risks, especially when there is no clear and coordinated regulatory framework.
In Colombia, one of the most serious problems identified by legal and academic research is the lack of specific regulations and the fragmentation of responsibilities, which often leaves foreign patients without adequate legal protection when adverse outcomes occur.
Main Legal Liability Scenarios in Medical Tourism
- Liability of the Treating Physician
Healthcare professionals are subject to traditional medical malpractice standards, meaning liability arises when fault is proven, particularly in cases involving:
Violation of the lex artis (accepted medical standards)
Lack of informed consent
Failure to follow clinical protocols
Negligence, recklessness, or lack of professional skill
The fact that the patient is a foreign national does not exempt the physician from liability, nor does it lower the applicable standards of care.
- Liability of Clinics and Hospitals
Healthcare institutions may be held liable for:
Failure in the provision of medical services
Lack of proper licensing or accreditation
Deficient infrastructure or medical equipment
Acts or omissions of their medical and healthcare staff
In many medical tourism cases, clinics operate under a “medical package” model, prioritizing profitability over patient safety, which significantly increases legal exposure.
- Liability of Medical Tourism Agencies and Intermediaries
A critical and poorly regulated actor in medical tourism is the intermediary agency that markets medical procedures as tourism products.
These entities may be held liable when they:
Promote unrealistic or misleading results
Fail to disclose medical risks
Refer patients to unlicensed clinics or physicians
Mislead or deceive patients during the decision-making process
Under consumer protection law and civil liability principles, these practices may give rise to joint and several liability.
- Can the Colombian State Be Held Liable?
Yes, under certain circumstances.
The Colombian State has constitutional obligations to inspect, supervise, and regulate the healthcare system, including services provided to foreign patients.
The absence of specific regulation, effective oversight, and proper coordination among healthcare actors may result in:
Liability due to omission
Structural failures within the health system
Violation of the fundamental right to health
The Major Gap: What Happens After the Procedure?
One of the most serious issues in medical tourism is the lack of post-operative follow-up, particularly once the patient returns to their home country.
This raises complex legal questions such as:
Who is responsible for late or delayed complications?
Where should legal action be filed?
Which law applies?
How is causation proven across borders?
The absence of integrated healthcare networks breaks the continuity of care, significantly increasing the risk of harm and litigation.
Medical Tourism Does Create Legal Liability
Medical tourism is not just a business opportunity—it is a high-risk legal and human activity. When a medical procedure fails, the consequences can be severe: physical injury, psychological harm, financial loss, and in some cases, death.
Foreign patients must be properly informed and legally protected.
Physicians and clinics must act with strict medical and legal rigor.
The State must urgently address existing regulatory gaps.
Legal liability in medical tourism is no longer hypothetical.
It is a growing reality in Colombian courts.