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  • Medical Negligence Abroad Claims

Medical Negligence Abroad Claims

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Medical professionals have a duty of care to their patients, no matter where in the world they’re practicing. If you’ve experienced poor medical care while abroad, our solicitors may be able to help you claim compensation.

Medical negligence can have serious impacts wherever in the world you were receiving treatment. If you've been injured or if a loved one has died because of substandard medical treatment abroad, contact us for a free initial consultation about your case.

Whether you became ill or were injured on holiday, while working, or travelling abroad specifically for medical treatment, you could make a medical negligence abroad claim. Our lawyers have helped clients who’ve endured medical negligence in several circumstances, including:

  • Care following a slip, trip or fall
  • Care after a sporting, skiing or road traffic accidents
  • Birth injuries
  • Emergency admissions
  • IVF treatment
  • Surgery, including cosmetic surgery
  • Dentistry.

Compensation can be used to fund ongoing treatment, make up for any loss of earnings, and cover your expenses. We’ll make sure your compensation amount is a full reflection of your needs.

Our medical negligence team can help you claim if you received negligent medical treatment in the UK.

Why choose Irwin Mitchell’s solicitors to handle your medical negligence abroad claim?

Our solicitors have secured more compensation for our clients than any other UK law firm. We’ve the knowledge and experience to get you the compensation you deserve, no matter what type of medical negligence you experienced abroad.

Medical negligence claims arising in different countries can be complicated. So, when you need to make a compensation claim after something’s gone wrong, it helps to have the experts on your side.

We make the entire process as simple as possible for you. We handle every aspect of your case and offer advice in plain English when needed, so you can focus on recovery.

When you make a claim with us, you’ll get more than just legal support. The clinical specialists in our Support and Rehabilitation team will assess the help you need most and make sure you get it. 

Our Welfare Benefits advisors can help you to understand which benefits you may be entitled to claim and help you to access them. At the same time, our Court of Protection team can help you to set up a personal injury trust, which protects your compensation from being factored into any benefit entitlements.

We can arrange to visit you at home or in hospital if you’re back in the UK. We can also arrange phone or video calls if you’d rather work with us in this way, or if you're still abroad. We’ve offices all over the UK, meaning you can visit us at a location that’s most convenient for you, if you choose.

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More information on medical negligence abroad claims

Wherever you are in the world, if you receive medical treatment from a certified professional, they’ve a duty of care to make sure it’s carried out professionally and safely.

If they fail in doing this, they’ve failed in their duty of care to you. So, if you’ve experienced medical negligence while abroad, you could make a claim for compensation.

Common reasons why people claim compensation include:

  • Substandard dentistry
  • Mistakes or negligence during cosmetic procedures
  • Infections developing after an operation or stay in hospital
  • Injuries during childbirth, either to the mother or baby
  • Poor care after sustaining an injury, either through an accident or sports injury.

This list isn’t exhaustive. Contact us to discuss the poor care you received while abroad and we’ll advise you on whether you’ve a claim.

There are clear standards set out which medical professionals must meet when it comes to the level of care a person should get in the UK. If your care didn’t meet these standards, then you’re eligible to make a claim for medical negligence.

However, if you experienced medical negligence abroad your claim will need to be made in line with the relevant guidelines in that jurisdiction.

Fortunately, our international connections with partners and firms across the globe means we’ll work with an expert lawyer in the relevant jurisdiction who knows the claims process and has the experience to help get you the compensation you’re due.

Your first step to making a medical negligence abroad claim is to contact us. We’ll arrange a free initial consultation where you can discuss your circumstances with a solicitor, and they’ll advise you if you could claim compensation. They’ll also advise you if you can pursue your case in England and Wales or abroad and where would be best.

There’s no obligation to go any further than this initial consultation. However, if you choose to pursue your claim with us, we’ll start by gathering all available evidence to prove you had substandard care.

Evidence we can use to support a claim for medical negligence abroad includes:

  • Medical bills
  • Medical records
  • Witness statements
  • Receipts, such as for medication
  • Photographs.

If the case can be pursued in England and Wales, we’ll then contact the individual or medical institution responsible, present them with the evidence, and inform them we intend to make a claim against them. If they accept liability for the negligent care and the amount of compensation we feel you need, we’ll be able to settle your claim more quickly.

If responsibility is admitted early, we’ll also work to get you interim payments, which are made ahead of your claim being settled. Interim payments are taken out of your final compensation settlement but can be used to pay for ongoing treatment and supplement loss of earnings if you’ve been unable to work.

If your opponent disputes how much compensation we feel you need or won’t accept responsibility, we’ll need to prove the care you received was substandard and was their fault. In this case, we’ll need to begin court proceedings to present the evidence we have.

If our case has to be pursued abroad, we can work with specialist lawyers in the relevant country to get you the best outcome.

Yes, if you’re still abroad through needing to be in hospital or not being well enough to make the return journey to the UK, we advise you to contact us about making a claim. This’ll ensure you’re making a claim within the time limit specific to that country.

We can begin gathering evidence and putting your claim together while you’re recovering abroad. We’ll just need to know how best to communicate with you while abroad – these details can be updated once you’re back home.

If you live abroad and experienced medical negligence, we can also help you to make a claim. Get in touch with us to talk about what happened to you.

We’re able to handle most medical negligence abroad claims that are pursued in England and Wales using a no win no fee agreement.

No win no fee means you won’t need to pay any costs upfront, and there’s no financial risk to you if your claim doesn’t succeed. Most of our fees will be paid by your opponent if your claim is successful.

You’ll need a suitable insurance policy to make a no win no fee claim. Your travel insurance policy may be suitable, as may your household insurance policy. If you travelled abroad for medical treatment, you may have taken out specialist medical insurance that will cover costs.

Alternatively, we can take out After The Event (ATE) insurance on your behalf. This protects you against having to pay any avoidable costs.

Person relaxing by the sea with no legal worries

I am relieved that our legal battle is finally over. Our holiday was a nightmare and we were so disappointed. We’re glad Irwin Mitchell has managed to achieve a successful outcome for us”

David, client

Frequently Asked Questions

What are the most common reasons people need medical attention abroad?

Medical negligence abroad claims can stem from a wide range of illnesses and treatments, depending on the circumstances.

Some of the most common reasons people need to seek medical attention while abroad include:

  • Surgery
  • Dentistry
  • Emergency medical attention or hospital treatment
  • Birth injuries
  • Care and treatment after a road traffic accident
  • Care and treatment after injuries from sport, such as a skiing injury
  • Treatment for slips, trips, or falls.

How much compensation could I get for medical negligence abroad?

We’ll need to know more about the circumstances around the negligence you experienced before we can put a value on your claim. Speak to our solicitors today in a free initial consultation and we’ll be able to advise you how much compensation you could be entitled to.

Each claim is different, so the sum awarded is unique in each case. Various factors are considered when calculating your compensation amount, including:

  • Your pain and suffering
  • The type of medical negligence you experienced
  • The long-term impact the negligence will have on your life
  • Any further medical expenses incurred in foreign countries, including repatriation
  • If you’ve experienced loss of earnings and will continue to do so
  • Any specialist equipment or medical care you’ll need
  • Any modifications you need making to your home
  • Expenses you’ve incurred, such as medical bills or travel expenses for hospital visits.

How long do I have to make a claim for medical negligence abroad?

There are varying time limits in different countries around the world for bringing a compensation claim. In the UK, the time limit is normally three years, but the limit can be significantly shorter in other countries.

For this reason, we urge you to get in touch as soon as possible to begin your claim. This helps to make sure you’re claiming within the relevant country’s specific time limit, and makes it easier for us to gather all the evidence needed to support your claim.

The details of the incident will also be fresher in your mind and the minds of any witnesses, too, which can aid your claim.

Read More FAQs

Related Information - Medical Negligence Abroad Claims

Accidents While Working Abroad - If you've had an accident while working abroad, we could help you claim compensation
Holiday Accidents - Find out how we could help you if you've suffered from an accident whilst on holiday
Accident & Illness Abroad Claims Guide - Discover all you need to know about making an accident or illness claim abroad
Medical Negligence (UK) - If you've suffered medical negligence in the UK, we could help you claim

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