An overseas holiday should be an enjoyable experience. Unfortunately, accidents and illnesses can happen anywhere, and you may need medical treatment while away from home. Although most healthcare professionals will provide safe and appropriate care, mistakes can still occur and language barriers may also create risks where patients cannot easily question healthcare professionals or understand information provided about treatment options and risks.
If you have suffered because of medical negligence while abroad, you may be wondering whether you can claim compensation.
Although these claims can be more complex than those involving treatment in the UK, it’s likely that you still have legal options. As with UK-based medical negligence, the most important step is to obtain specialist legal advice as early as possible.
What does medical negligence abroad mean?
Medical negligence abroad happens when a doctor, nurse, hospital or other healthcare provider outside the UK fails to provide treatment to an acceptable standard, causing avoidable injury or illness.
Not every poor outcome is the result of negligence. To succeed in a claim, it is usually necessary to show that the treatment fell below the standard expected and that this directly caused additional harm.
Can you claim for medical negligence abroad?
Whether you can bring a claim for medical negligence abroad depends on several factors, including:
- The country where you received treatment.
- Whether the treatment was provided by a public or private healthcare provider.
- Whether you were travelling on a package holiday.
- Who arranged your medical treatment.
In some cases, a claim can be brought using the courts in England and Wales. In others, proceedings may have to be issued in the country where the treatment took place. Every case is different, which is why specialist advice is essential.
What should you do if you experience medical negligence while on holiday?
If you believe you have experienced medical negligence abroad, you should:
- Keep copies of your medical records, prescriptions and test results. Request copies of all hospital records, radiology, test results, discharge summaries and treatment plans before leaving the country wherever possible.
- Take photographs of any visible injuries or surgical wounds
- Keep receipts for medical expenses, travel and other financial losses
- Write down exactly what happened while the details remain fresh in your memory
These steps can help support both your recovery and any future claim.
Jurisdiction and time limits for overseas medical negligence
One of the most important issues in claims involving medical negligence abroad is jurisdiction. Jurisdiction simply means deciding which country’s courts have the legal authority to deal with your claim. This will depend on the circumstances of your case and the law that applies.
Time limits, known as limitation periods, also vary between countries. Some are much shorter than the three-year time limit that commonly applies to medical negligence claims in England and Wales. Missing the relevant deadline could mean losing the right to pursue compensation. Seeking legal advice promptly is therefore crucial.
How we gather evidence for medical negligence abroad
Medical negligence claims typically require expert opinion evidence. In overseas claims, this can be particularly challenging because legal teams may need experts capable of addressing:
- the relevant medical standards in the country where treatment was provided;
- whether treatment complied with local practice; and
- the relationship between negligence and injury suffered.
An additional complicating factor is the fact that the records may be written in another language and will need to be translated before an expert can provide their advice.
How a specialist medical negligence solicitor can help
Experiencing medical negligence abroad can have serious physical, emotional and financial consequences. The principal hurdles faced by UK citizens are jurisdiction, limitation periods, access to medical records, and obtaining appropriate expert evidence.
However, receiving negligent medical treatment overseas does not necessarily mean you are unable to claim compensation. Your legal rights will depend on where the treatment took place, who provided it and which country’s law applies.
Because claims involving medical negligence abroad often raise complex issues of jurisdiction and limitation, it is important to seek specialist legal advice as soon as possible. An experienced clinical negligence solicitor can assess your case, identify the correct jurisdiction, obtain expert medical evidence and advise on the most appropriate way to pursue your claim. Early advice can help protect your position, preserve vital evidence and ensure that any claim is brought in the correct court before the relevant time limit expires.
If you would like to discuss your circumstances, our team is here to provide clear, confidential advice about your options and whether you may have grounds to bring a medical negligence claim.