Under the Cross Border Healthcare Directive, from
October 2013 onwards, the National Contact Points in each country will be
obliged to provide information about complaints procedures and how to claim for
medical negligence. You cannot complain in the UK.
The UK government, the NHS, and your local healthcare
commissioner are not responsible for
your healthcare if you choose to be treated abroad. There are no systems for
handling complaints about overseas providers as they do not fall under any UK
jurisdiction.
If you have any problems with your treatment, from minor
complaints to major negligence claims, you must direct these to the authorities
in the country in which you were treated. The National Contact Point in the
destination country should explain the procedure for making such complaints.
Research the legal system
It is vitally important that you research the legal system
in each country before you make your choice, as this can have serious
consequences if anything goes wrong.
Since the legal systems vary widely across Europe, from
no-fault systems in the likes of Norway and Denmark, to combative legal systems
elsewhere, it is important to understand the system you are entering into and
how that will affect your rights.
Get insurance
When travelling overseas it is essential that you arrange
travel insurance. Normal travel
insurance is not adequate, but there are several specialist medical travel
insurance policies. The legal liability section on your medical travel policy
is, as on any standard policy - there to protect you against liability claims.
It is not there as a tool to sue for medical negligence.
Get a lawyer
While it may be possible to make your initial complaint
directly, through the formal channels set up in each country, it is advisable
to get a lawyer as soon as possible to ensure that your claim is processed
quickly and accurately.
There are legal firms in the UK who specialise in cross
border medical claims, or you may wish to engage a local lawyer in the country
you were treated. Once again, the language barrier may be an important factor
in your choice, as you will want to fully understand the process and how your
claim is progressing.
Legal firms may be prepared to work
for you on a contingency basis, but the law is in a state of flux. Most lawyers
working on medical negligence claims in UK courts will expect you to pay a fee
whether you win or lose. Few lawyers will take on medical negligence cases in
courts outside the UK, and they will almost always expect you to pay a hefty
fee whether you win or lose.
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