What Happens When I Make A Claim?
To make a compensation claim for medical negligence abroad, the first thing you need to do is get in touch with us for a free initial consultation. We'll discuss the circumstances surrounding your treatment, advise you on whether or not we think you can claim, and whether you could benefit from a No Win No Fee* arrangement.
Investigation. We'll establish who's responsible for your negligent treatment, and arrange for a medical examination to find out the full extent of your condition.Rehabilitation. If you have any medical care or support needs, we'll help you to access the necessary treatment and advice that you are entitled to.Compensation. We'll work out how much compensation you should get based on the severity of your injuries and your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to those responsible, and they can either accept blame or contest the claim.Conclusion. If your opponent accepts blame, you'll be awarded compensation. If not, the case will be settled in court – although this is rare. If you do have to go to court, we'll be there support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you were unsuccessful.
If you have any questions about the claims process, please contact us today on 0800 121 6558 for your free initial consultation.
Can I make a claim for medical negligence abroad?
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.
Can I Make A No Win No Fee Claim?
Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk to you when making a compensation claim.
At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household, travel or car insurance policies, so it’s always worth checking whether you’re already covered.
If we think you're best supported by a No Win No Fee agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – even then your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.
Please visit our No Win No Fee page for more information on how it works.
How is a medical negligence abroad claim different from claiming in the UK?
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.
How Long Do I Have To Make A Claim?
In the UK, you usually need to make a compensation claim within three years of your accident or illness.
In fatal cases, the family of the deceased has three years to make a claim, starting from either the date your loved one died, or the date you received the post-mortem results.
However, these time limits vary a great deal from country to country and are much shorter in some countries, so when an accident or illness has taken place abroad, it's vital that you contact us as soon as possible. We are experts in international law, and have a worldwide network of partner law firms that we work with, so we'll be able to advise you on specific time limits. Contact us today on 0800 121 6558 for a free consultation on your case, and we'll be happy to help.
Can I Claim While I'm Still Abroad?
If you have suffered negligent medical treatment in another country, it's still vital that you contact us as soon as possible to ensure you get your claim started within the relevant time limits.
We can begin working on your claim while you're still abroad – all you need to do is contact us. You can do this online or by phone on +44800 121 6558, or a relative can call us on your behalf on 0800 121 6558 .
You can advise us on the best way to contact you while you're abroad, and you can update this once you're back in the UK if you need to.
How do I make a claim for medical negligence abroad?
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, Scotland , 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, Scotland, or 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.
Can I make a medical negligence claim if I’m still abroad?
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.
Can I make a no win no fee medical negligence abroad claim?
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.
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