Can You Make a Claim for Medical Negligence Abroad?
November 8, 2019
Medical negligence can happen all over the world, not just in the UK. Whether you’ve needed to seek medical care while falling ill on holiday, or you’ve gone abroad to get specific medical treatment, there are many circumstances where medical negligence can happen. Unfortunately, the consequences of such negligence can last far beyond your visit. Although there may be different laws to navigate, it is still entirely possible to make a claim for medical negligence when you have the right tools at your disposal. To help, here is some information for the times you can qualify for negligence claims, as well as support on how to do so.
What Falls Under Medical Negligence While Abroad?
Most cases of medical negligence come about from someone not receiving the appropriate level of care when they fall ill or have an accident in a new destination, as this can cause long-term damage. While negligence claims are costing the NHS billions, the risks are much higher when you seek treatment somewhere else. It may be that you took a fall during a skiing holiday, or that you’ve incurred complications while giving birth. Providing the wrong medication and causing botched surgeries can also fall under medical negligence.
With people able to save between 40-80 percent on the cost of cosmetic procedures abroad, more and more people are taking the risk by heading out there. You can also make a claim under this bracket when a surgeon has failed to make you aware of the risks, or when the end result varies a lot from your expectations, or if you have not received enough aftercare. These issues can lead to problems like breast implant poisoning or extreme pain and discomfort, so it’s worth looking into making a claim.
It is not just when medical negligence happens to you when you can consider a claim. If a loved one or family member has died as a result of medical negligence when receiving care or treatment abroad, this may also qualify as a claim. Bear in mind that this also applies when someone has died after not receiving enough care for an ailment.
Barriers Claimants May Face
More often than not, making a claim abroad has more barriers than someone would face in the UK. This is largely because hospitals bank on claimants being more nervous about making a claim in an unfamiliar country. These barriers include:
- Navigating the native language.
- Differing laws and traditions.
- Longer waiting times.
- Making a claim outside the EU.
Luckily, the worries over these barriers can be reduced by having the right solicitor on hand before you begin the claim process. This solicitor should be familiar with all the laws surrounding medical negligence in that country, so you are more protected from negligence than you might think.
Once you have decided to make a claim, you can then go on to choose a solicitor to fight your cause. Acting as a vital source of support during this difficult time, they will have a better chance at success if you provide them with all the proof they need to claim on your behalf.