UK Wide Holiday Accident Claim Coverage
We have expert Holiday Accident Claim Solicitors across England, Scotland, Wales and Northern Ireland waiting to help
you now.
You keep all of your compensation and pay nothing if you win or lose.
We have specialist Holiday Accident Claim Solicitors ready and waiting to help you across the UK.
Simply call us free or complete the quick enquiry on the right and let us explain your legal rights and your options (at no cost to you and no obligation).
Can You Claim Against ‘Medical Tourism’ Agencies?
There are increasing numbers of people travelling abroad from the UK to undergo medical procedures. Primarily, these are cosmetic procedures and the reason for seeking treatment abroad is to take advantage of the lower costs, when compared to the UK. Whilst in principle this is a cost-effective idea, many people are unaware of their legal rights in the unfortunate event that something goes wrong.
The majority of cosmetic procedures abroad are booked through ‘medical tourism agencies’. The costs paid to the agency include the cost of the flights, accommodation, the surgery itself and any recovery time required. As part of the process, the patient must be informed of every aspect of the procedure, including the risks associated with the surgery. In addition, the patient must consent to the treatment, usually by signing a consent form. However, patients always have the right to refuse the surgery if they are unhappy with any aspect of it at all.
In the event that the procedure goes wrong or that the patient is unsatisfied with a particular facet of the treatment, such as the post-operative care, they will want to seek recompense from somewhere. There has been a large question mark hanging over who patients are legally able to challenge for their misfortune: is it the surgeon? The hospital? The tour operator?
It is almost impossible to claim compensation from the company employing the surgeon, as the company involved is likely to claim that the surgeon is an independent contractor. Seeking redress from the surgeon himself is also fraught with problems as he will be living abroad and may have no tangible assets to claim against. The answer may come as a surprise for some people, for it is to be found in the Package Tours Regulations.
If people are aware of these regulations at all, it is because they have used them to claim compensation for an accident that has occurred whilst they have been in a foreign country; the Package Travel, Package Holidays and Package Tours Regulations of 1992 enable travellers to seek compensation from tour operators in the event that they are involved in an accident abroad. However, these same regulations can be applied to medical tourism agents. While travel agents and tour operators are legally obliged to carry professional indemnity insurance, as of yet there are no such regulations for medical tourism agents. Many of these try to create technicalities and exploit loopholes by calling themselves facilitators or consultants, yet this does not alter their legal status if the Package Travel Regulations can be applied.
People who feel they have suffered at the hands of a medical procedure in a foreign country are advised to seek legal advice as soon as possible. Depending on the country in which the procedure took place, there may be certain time-restrictions involved, so action must be taken quickly. The claim is usually launched in the country in question, so it is also vital that a patient’s legal representatives are either fluent in the language and its laws or have a network of agents abroad that they can use to pursue the claim.
Share This Article With:
Let 1stClaims Help You With Your Accident On Holiday
If you would like 1stClaims’ expert Holiday Accident Solicitors on your side please call us free on 0800 2888 693 or complete our Free Claim Enquiry form now and we will be in touch with you very soon.
Remember, it costs nothing to ask and you receive 100% of your compensation.
We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.
Questions?
How We Help You
Why Choose Us for Your Holiday Accident Claim?
- We hand select only the best holiday accident claim solicitors to help you
- You keep 100% of your compensation
- You pay nothing whether you win or lose your claim
- Your solicitor chosen by a senior personal injury solicitor with 14 years claims experience
What clients are saying about 1stClaims service today