Medical negligence claims abroad

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Chambers UK
Clinical Negligence

We handle claims for negligent medical treatment abroad from three main sources: British holidaymakers, ex-pats living abroad and the relatively new category of medical tourism.

Medical tourism involves people who travel abroad for health care services and complex specialised surgeries such as joint replacement, cardiac surgery, dental surgery and cosmetic procedures.

We investigate claims relating to botched surgery, ineffective treatment for accident victims, late or misdiagnosis of serious illnesses, and infections acquired in hospitals during routine treatment. Initial advice is offered free of charge and without obligation. This can include guidance provided by telephone and a review of your travel and health insurance documents, contract terms and medical notes.

We will then advise you on the likelihood of achieving a successful outcome against an overseas hospital, health service provider or doctor and on the best choice of jurisdiction (ie the UK or the country in which you received treatment) in which to pursue a claim.

Some foreign clinics may offer to pay for the cost of transport and/or accommodation to encourage an individual to make the trip for treatment and/or surgery. In those circumstances it may be possible to pursue a claim against the medical provider in the English courts, based on the Package Travel and Linked Travel Arrangements Regulations 2018.  

Our travel law team works together with our clinical negligence team on these cases and can provide advice on an injury or loss suffered as a result of any type of treatment by doctors, nurses and other healthcare professionals. We have particular expertise in complex injury cases.

We know that every medical negligence claim is different so our team takes time to get to know you, to understand the effects of the injuries you have suffered and to support you every step of the way.

We offer free initial advice without obligation. This can include guidance over the telephone, a visit from one of our specialist solicitors or a review of your documents. We offer various forms of funding, including no win no fee (conditional fee) agreements. Our team aims to ensure that you receive maximum compensation while minimising the legal costs involved.

Recent work highlights

€2.65 million for misdiagnosed bacterial meningitis

Successfully securing €2.65 million in damages for an Italian client who suffered severe brain damage with weakness down his right side, paralysis and cognitive difficulties as a result of inadequately treated meningitis.

Six figure sum awarded for negligent surgery

Following surgery to remove her gall bladder after suffering from severe abdominal pain on her Florida holiday, an investigation revealed that the surgeon had transected the common bile duct and our client required corrective surgery to repair the damage.

Related expertise

Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP