General Terms & Conditions - Surgical

2. Before engaging Spine Connection and departure you should discuss the planned surgery with your qualified and trusted personal physician (GP) at home. You should always attain multiple specialist opinions before proceeding with any surgery or procedure.

3. All surgical procedures and medical treatments have inherent risks and have the potential for adverse complications to arise, whether performed in your home country or overseas. Spine Connection strongly recommends that individual research be conducted by Clients on all aspects of the proposed surgical procedure/s or medical treatments.

4. Spine Connection makes every effort to undertake reasonably due diligence into, and be affiliated with, accredited and highly renowned surgeons and hospitals. We cannot guarantee the outcome of any surgical procedure or medical treatment that a Client elects to receive. Every Client is different and will have different post-surgical or treatment outcomes, including recovery rates, reactions to anesthetics, pain medications and antibiotics.

5. All information regarding your health and lifestyle is to be disclosed on the Spine Connection Patient Evaluation Form during the time of your assessment, and to the appointed Spine Connection consultant, including all pre-existing and current health conditions, previous surgeries, medications and dosages. Any false declarations or omissions may result in your surgeon or doctor denying surgery or treatment at the time of your in-person consultation, additional costs and/or extra tests or treatment being required if post-surgery complications occur. All such delays and costs are at the sole risk of the Client.

6. A patient must be mentally fit, psychologically and emotionally, in order to undergo any elective surgery. Please advise Spine Connection and your surgeon during the pre-surgery evaluation process if you have any history of mental illness, even if you think it might not interfere with your medical travel experience, post-surgical recovery and general wellbeing.

7. Spine Connections’ partner surgeons report that male patients having lower lumbar surgery via the anterior/abdominal approach have an up to 4% chance of attaining Retrograde Ejaculation. This remains permanent in around 1/3 of these patients. Male patients who are still planning for a family are advised to use a sperm banking facility before surgery as a precaution and until after your recovery. All Clients should seek their own personal medical advice about such matters from appropriate professionals.

8. You are to inform Spine Connection if you become ill within 4 weeks prior to departure and supply all details including medication and dosages which Spine Connection will pass on to its affiliated medical team related to your proposed procedure or treatment.

9. All Clients must undergo pre-travel diagnostics to ensure that they are healthy and fit for any surgical procedure or medical treatment that they elect to have. This includes a blood test and electrocardiogram (ECG). It may also include Chest X-Rays, additional spine imaging, or other tests according to your stated underlying health conditions. Spine Connection will provide a letter on behalf of our affiliated surgeons that a Client must present to their personal doctor to ensure all such pre-travel diagnostics are satisfactorily met. If you have abnormal results or new underlying conditions are discovered, then further testing may be requested. If you are deemed not fit for the elected surgical procedure or medical treatment, the same may be postponed or cancelled and any resulting costs are to be met by the Client.

10. We advise all Clients to purchase flexible airfares, in the case that flights need to be changed due to prolonged recovery times or other unforeseen circumstances.

11. Passport Validity: Please ensure you and your travelling companions have at least 6 months validity on your passport, beyond your final day abroad.

12. International Travel Insurance: It is a requirement of Spine Connection and its affiliates that each Client obtains comprehensive travel insurance prior to departing your home country. Each Client is required to undertake its own investigations and reach its own determination about precisely what Travel (and any other) Insurance is obtained. It is your own responsibility to read and understand all associated terms and conditions from your Insurance provider.

13. Payment: The Client will be required to pay certain costs and associated expenses of any elected surgical procedure or medical treatment to overseas service providers. As a result, foreign exchange fluctuations may impact the final cost to the Client in their home currency. As a result, the Client is required to undertake its own investigations into applicable foreign exchange rates and methods for transferring moneys overseas. If you are not familiar with International Money Transfers, we recommend enquiring with your trusted bank so that an experienced bank officer can assist you.

15. If you are not entirely comfortable with the outcome of discussions during your pre-surgery consultation, it is in your best interests to reconsider proceeding with the surgery or treatment. Please be assured you are under no pressure to proceed, and it is perfectly acceptable to cancel or postpone your surgery or treatment to a later date. Your health and safety are paramount. We and our affiliated surgeons are entirely supportive of your choices as an informed patient. Your Treating Medical Professionals can help guide you in this instance. You may, hover, be obliged to meet certain costs or expenses, such as tests, investigations and accommodation provided up to this point. Please refer to your Surgical Recommendation document in that regard.

16. Before surgery/treatment you will be required to sign hospital, surgeon and anesthesiologist consent and agreement forms relating to all aspects of the planned surgery/treatment. These documents will also give the Treating Medical Professionals permission to change the surgery/treatment plan if there are new or unexpected anatomical or medical findings. Please discuss this with the Treating Medical Professionals during the pre-surgery consultation.

17. Treating Medical Professionals are sometimes called away for emergencies or other priorities, if this is the case at the time of consultation or surgery/treatment, your case will be handed over to another attending medical professional of comparable training and experience.

18. During your in-patient hospital recovery and outpatient rehabilitation you will have continued access to various Treating Medical Professionals. If you have any unexpected symptoms or concerns, you must advise the Treating Medical immediately.

19. In the event you are away from your hospital or your Treating Medical Professionals, such as dining out at a restaurant, and have any unexpected symptoms or concerns, then you should seek emergency medical assistance. In this instance you should inform your hospital and Treating Medical Professionals as soon as possible.

20. After your surgery/treatment you will be monitored by your Treating Medical Professionals, and if you require a ‘re-surgery’ or any other medical intervention relating to your original surgery then it will be offered by your Treating Medical Professionals as soon as possible. You will not be discharged from hospital until your Treating Medical Professionals confirm you are fit and ready.

21. Every patient is unique, and if your recovery is taking longer than expected, for any reason, you may be required to extend your overseas stay to ensure you receive the required treatment, and to not exposure yourself to any associated risks of travelling home before it is safe to do so. The Client will be liable to meet any resulting costs and expenses associated with any extended stay.

22. You will be given clearance to fly home during your final post-op consultation with your Treating Medical Professionals.

23. Please be aware of the increased risk of Deep Vein Thrombosis around times of surgery/treatment and particularly with long international plane flights. You should discuss this with your trusted personal physician (GP) at home and your Treating Medical Professionals overseas to ensure you take any applicable precautions.

25. To achieve the best outcome, you must continue your own rehabilitation and daily prescribed exercises after you return home. You should seek the guidance of a qualified physiotherapist.

26. Post-surgical setbacks and injuries such as strains or sprains can occur. In this instance, please contact your trusted personal physician, your overseas Treating Medical Professionals, or Spine Connection if you wish for us to liaise with your surgeon on your behalf.

27. There can be a lengthy recovery period (of up to or more than 12 months) expected for some spine surgery procedures and all care must be taken, with lifestyle and activity levels, so as not to compromise your recovery and results. Please follow the advice of your overseas Treating Medical Professionals and local Personal Doctor as well as listen to your body and do not overextend yourself too soon.

28. Even after a successful and accurate surgery/treatment, there is the possibility for ongoing pain and discomfort (including nerve pain) in the future, even after you have fully recovered from the surgery/treatment. Your individual genetic predispositions, anatomy and physiology can also determine your recovery and final outcome.

29. In the event of a post-operative problem arising after you have returned home, you may have to return to your overseas hospital for further treatment or management, at a time advised by your overseas Treating Medical Professionals. All costs associated with the same must be met by the Client, unless otherwise agreed.

30. For Clients receiving surgery involving placement of any implant or hardware, in the unlikely event of hardware migration or failure in the future, we will assist you to receive diagnostics for your overseas Treating Medical Professionals to evaluate your case. Your surgeon must be given the first opportunity to remedy your case, if clinically required, with any applicable cost and expense to be discussed and agreed upon on a case-by-case basis. Any further travel cost will be at the expense of the Client, Spine Connection is not responsible for the decisions made by your overseas Treating Medical Professionals or the time taken to reach any such decisions. Spine Connection has no influence over your Treating Medical Professionals.

31. Whilst we pride ourselves on ongoing Client support, once you have returned home after surgery/treatment, Spine Connection and our affiliated surgeons and hospitals are not responsible for any costs, expenses or losses related to further treatments or external appointments associated with potential issues or complications that may arise.

32. It is your responsibility to obtain at your own cost and to provide follow up digital X-Rays at 3 months post-surgery/treatment to your overseas Treating Medical Professionals so that they can monitor placement and function of spine implants and hardware. You can send these directly to the hospital or surgeon, or to Spine Connection to relay them on your behalf. If you are unsure about your obligations to obtain post-operative/treatment X-Rays, then please ask us.

33. Confidentiality is paramount to Spine Connection. Information is collected for use by Spine Connection on your behalf, and will not be released to any third party, unless medically required for your safety, without your permission. You give Spine Connection and their affiliated hospitals, clinics, surgeons and doctors permission to store any personal medical records you have provided.

34. All Spine Connection representatives will conduct themselves professionally at all times. If you and/or any of your representatives become abusive toward any of our representatives or associates, we retain the right to cease all dealings with you. This also includes any defamatory or untoward statements made by you, which may affect the public image or reputation of the Spine Connection or its representatives.

36. Limitation of Liability: Spine Connection cannot and does not guarantee the outcome or any results of the Client’s elected procedure/treatment performed by Treating Medical Professionals. Spine Connection is a “facilitator and organiser” only, and as such its obligations are limited to referring Clients to overseas Treating Medical Professionals and assisting Clients after they have chosen and confirmed to proceed with surgery or treatment, by organising arrangements for surgery/treatment dates, travel and accommodation only. Spine Connection does not accept any liability whatsoever, in contract or in tort or any other legal basis, for any miscommunication, misunderstanding, injury, damage, communication delays by the hospital, loss, cost, expense, delay, surgery/treatment outcomes, additional expenses incurred or inconvenience caused directly or indirectly by force majeure, unanticipated or uncontrollable event or effect directly or indirectly in connection with any services provided by Spine Connection or the surgery/treatment or advice provided (or not provided) by overseas Treating Medical Professionals. If, despite all matters setout herein, Spine Connection has any liability to a Client for any matter whatsoever, that liability is limited to the amount of monies paid by the Client to Spine Connection for the Services (exclusive of any amounts that Spin Connection may pay to any Third Party Suppliers.

37. Release, Discharge and Indemnity: The Client hereby acknowledges that all surgical procedures and medical treatments result in risk of harm to the Client and the Client hereby accepts and assumes that risk itself.
As a result, and in consideration of Spine Connection agreeing to provide the Services to the Client, the Client hereby releases, discharges, forever holds harmless and indemnifies Spine Connection, its employees, officers, agents and representatives, from any and all loss, damage, expense, claims (including, but without limitation, claims for legal costs and consequential loss of income or profit), causes of action, demands, actions, suits, proceedings or complaints or whatsoever nature, which the Client, or any person on behalf of the Client, or any other person may now have or at any time had or at any time hereafter may have or but for acceptance of these Terms and Conditions could have had against Spine Connection (or its employees, officers, agents and representatives) with respect to or in any way connected or associated with the Services or any surgery/treatment or advice provided (or not provided) to the Client.

38. Australian Consumer Law: Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions purports to limit your rights under the Australian Consumer Law which are legally prohibited from limitation.

39. The Client is recommended to seek and obtain its own independent legal and medical advice about the application and meaning of these Terms and Conditions.