Since you have chosen to move outside of the NHS system,
you have no legal redress in the UK, and if anything goes wrong you are on your
own. You will be covered by the laws of the country you have been treated in,
and you will need to make any compensation claims or sue for negligence under
that legal system.
Post-treatment problems
You should always ensure that you thoroughly research your
chosen treatment centre, as the onus is on you to select an appropriate
provider. Under the Directive, prior
authorisation will only be refused if there is a well-evidenced risk of unsafe
treatment, of risk to public safety. However, even in the best facilities,
things can go wrong.
Naturally, if you suffer any problems following your
treatment overseas, you can obtain treatment or emergency care under the NHS in
exactly the same way as if you had been originally treated here in the UK. You
will not be turned away as someone else’s problem.
Similarly, if you experience problems overseas, you will be
entitled to obtain treatment or emergency care that will be covered by the NHS,
either as part of your S2 or Directive route funding, or as part of the European
Health Insurance Card (EHIC) system in the case of an emergency admission.
When you are researching where to travel to for your
treatment, it is important to not only find out about the facilities for your
specific treatment, but also to research what happens should anything go wrong.
Your legal position
Although the NHS will support you with appropriate care if
you experience problems, they have no legal responsibility for your original
treatment overseas. It is your choice to step outside the NHS system, and so
they have no duty of care or legal obligation to you for this treatment.
Instead, your treatment will be covered by the legal system of the country
where you were treated, and you will have to seek legal redress and
compensation through their courts. If
you need to consider legal action, neither the legal expenses section of your
travel, or medical travel insurance , nor any stand-alone legal expenses
insurance , will provide cover. Specialist after the event insurances will not
cover medical negligence claims.
Insurance policies for medical travel
There are specialist insurance policies available that have
been specifically designed to cover the potential risks and complications of
having an operation abroad. Details of
these can be found on the Treatment Abroad web site (www.treatmentabroad.com).
Travel insurance
If you are travelling overseas and the primary reason for
your travel is medical, then it is very likely that your annual travel
insurance policy, or an “off the shelf” travel insurance policy will not cover
you. So, for example, you travel abroad for treatment and you are hospitalized
as a result of a car accident. Your travel insurance may well not cover you, as
there will be an exclusion in your policy for any travel undertaken for medical
treasons.
So, you must check with your travel insurance company,
before travelling abroad for treatment.
There are various specialist travel insurance policies
available that have been specifically designed for people who are travelling
abroad for medical reasons. Details of these can be found on the Treatment
Abroad web site (www.treatmentabroad.com).
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