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Foreign Medical Negligence Claims
How do you claim for medical negligence abroad?
There are a number of reasons why someone might find themselves under medical care in a foreign country. Unfortunately, accidents can happen no matter where you are, even while you are on holiday. In addition, increasing numbers of Britons are making the journey to foreign shores in order to take advantage of the relatively cheap prices of cosmetic and dental surgery. However, when the treatment you receive is sub-standard, the thought of pursuing a medical negligence claim can be a daunting one.
Away From Home
European Law states that all members of the European Union must have a compensation scheme in place, similar to the one implemented by the UK’s Criminal Injury Compensation Authority (CICA). CICA offer their assistance to those seeking compensation for incidents such as medical negligence, in the form of the EU Compensation Assistance Team.
The procedures for making a claim for medical negligence are much the same as in the UK, although you will require the services of a solicitor experienced in Foreign Law to negotiate any legal complexities. Solicitors who deal with this sort of case often have agents in other countries, which are fluent in the native language.
Most countries have medical bodies governing their hospitals and doctors. As in the UK, there will be certain standards and codes of best practice that these professionals must adhere to. In the event that these standards are ignored or deviated from and a patient is injured or dies directly as a result, that professional can be sued for negligence. However, the claimant cannot sue according to standards set by the NHS or other British organisations. They have to prove that the medical professional in question has not adhered to the standards set by medical organisations in his or her country.
Further Afield
Beyond the EU, there are other countries that also have authorities through which claims for medical negligence can be pursued. Once again, it is vital to have a lawyer who is well versed in Foreign Law. These countries include Colombia, Hong Kong, New Zealand and Trinidad.
However, it may be that there are other people in the equation. If for example, you were taken ill at a hotel provided by a holiday operator and the doctor was found to be negligent in his diagnosis or treatment, the holiday operator may also be considered liable in that they have failed in their duty of care to ensure that the hotel doctor is suitably qualified.
A case of medical negligence can be stressful at the best of times, but having to undergo the experience in unfamiliar surroundings can make it even more traumatic. It is important to contact an experienced solicitor as soon as possible, so that they can contact any staff they have in the country you are visiting. If, however, the symptoms of negligence do not become evident until you have returned home, you must seek a medical assessment from your GP or local hospital as soon as they become evident. These notes should then be handed over to your solicitor who can begin proceedings from the UK.
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