Medical Negligence Abroad Claims FAQs

Who can make a medical negligence abroad claim?

You may be eligible to claim compensation for medical negligence abroad if our travel litigation solicitors can show that you received substandard treatment and care in an overseas hospital following an injury or illness.

Negligent medical treatment can stem from any number of circumstances. You may be able to claim if you’ve suffered poor treatment at the hands of:

  • Doctors
  • Surgeons
  • Nurses
  • Dentists
  • Pharmacists
  • Paramedics
  • Other medical professionals

To qualify for medical negligence compensation, we need to be able to prove that the medical professional failed in their duty of care to you as a patient, and that their negligence caused further pain and suffering. We’ll work with independent medical experts to assess your condition, and corroborate the extent of the medical negligence you’ve suffered.

The different types of medical negligence abroad you can claim compensation for include:

  • Preventable errors
  • Misdiagnosis
  • Incorrect treatment, medications and prescription errors
  • Delayed diagnosis

Our overseas travel solicitors can offer impartial legal advice on the circumstances of your claim. Contact us today for an initial consultation about your case.

Who can I claim against following medical negligence abroad?

If you’ve been the victim of medical negligence while travelling abroad on holiday or for work, you can make a claim against the medical practitioners responsible for your poor treatment and substandard care.

As part of our investigation, we’ll enlist the help of experts in the country you were travelling in, who will act on your behalf to find out what happened and who was responsible for the negligent medical treatment you received.

You can make a claim against individual medical staff, including doctors, nurses, surgeons and dentists, when there’s sufficient evidence to suggest that their actions were tantamount to medical negligence. You can also bring a claim against medical organisations and hospital trusts, where major failings in patient care and hygiene are to blame for the poor treatment you’ve suffered.

Contact our overseas medical negligence solicitors today for a free and impartial discussion about the circumstances of your claim, and we’ll help you decide who to bring a claim against.

How long do I have to make a claim?

The period you have in which to bring a medical negligence abroad claim will depend on where you were when the negligent medical care took place.

For medical negligence claims that occur in England and Wales, you usually have 3 years from the date of the negligence, or knowledge of the negligence, to bring a compensation claim. However, this will not be the case if the medical negligence occurred outside of England and Wales where English law does not apply.  Some countries have much shorter time periods, some as short as 6-12 months from the date of the negligence.

We work with an international network of law firms so, no matter where you were when the medical negligence occurred, you can rely on us for advice on all issues and professional and effective legal representation.

How much compensation can I expect?

When you claim for medical negligence abroad, the amount of compensation you’re entitled to will depend on the severity of the negligence, and the impact it has had on your health and wellbeing.

If your case is accepted, our solicitors will work closely with you to establish how much compensation you may be eligible to receive based on several factors, including:

  • The severity of your injuries or illness, and to what extent medical negligence has exacerbated an existing condition.
  • The psychological impact caused by the negligent treatment.
  • The cost of your remedial medical treatment and ongoing care needs.
  • Your financial losses, including loss of earnings, emergency medical expenses, travel costs and other associated losses.
  • The loss of enjoyment you’ve experienced after your holiday was cut short by medical negligence.

With years of experience in handling medical negligence abroad claims, our solicitors will look to secure full and appropriate compensation that reflects the severity of your circumstances.

What happens when I make a medical negligence abroad claim?

When you make a medical negligence compensation claim with Hudgell Solicitors, our specialist travel litigation solicitors will provide an initial consultation to assess your circumstances and ascertain whether or not you’re eligible to claim.

If we accept your case, we’ll begin an investigation to establish what happened and who was to blame for the substandard medical treatment you received. No matter where the negligence took place, we’ll work with a network of legal experts to get to the bottom of the incident, with a view to establishing liability and holding those responsible to account for their actions.

As part of our investigation, we’ll ask an independent medical expert to assess your injuries or illness, and establish if medical negligence has aggravated an existing condition. This will also help us to calculate an appropriate compensation amount that reflects the severity of your injuries.

Once we’ve built a case, we’ll challenge the opposing party. They may choose to accept the conditions, negotiate the compensation sum, or contest elements of your claim which could see your case go to trial. Whatever the outcome, our solicitors will continue to provide full and complete support until your case has reached a conclusion.

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Our experts

Paul McClorry

Head of Travel Litigation

Jane Woodcock

Senior Legal Executive and Head of Personal Injury