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Getting treatment abroad Legal rights

doctor with patient

Find out your legal rights before you sign up for surgery abroad

What legal issues should you consider before getting treatment abroad? We asked personal injury lawyers Fred Tyler, David Corless-Smith, Peter Higgins and Patrick Mullarkey, as well as consumer lawyer Peter McCarthy from Which? Legal Service:

Tips before treatment

  • Pay by credit card. If something goes wrong and you need to claim your money back, your card company will be jointly liable.
  • Scrutinise the small print in your contract. It may specify which country’s law is used to settle disputes. Check terms of guarantees, too.
  • Check your insurance terms. Travel insurance is for emergency cover and is unlikely to cover you for planned treatment abroad. The Foreign and Commonwealth Office advises checking plans with your insurer and getting agreement in writing.

After treatment

If you’re not satisfied

  • First, contact the clinic or agency your contract is with and follow its written complaints procedure.
  • When treatment isn’t provided or there’s a problem without causing harm, you could consider a claim for breach of contract or misrepresentation.

If you’re injured

  • If you’re physically or mentally harmed, you could sue for personal injury.
  • If you book a treatment package – including travel and accommodation – via a UK company, you may be able
    to take action against it.
  • If the company is based in the UK, you might be able to use UK courts. If you book treatment or have a consultation in the UK, you could try arguing that the misrepresentation or harm took place here, and use the appropriate UK courts.
  • If you’re treated in an EU member state, Norway or Switzerland, you’ll usually pursue legal action in that country. Correspondence will be in that country’s language, so you’ll need translations as well as lawyers there and in the UK.
  • Standards and laws differ throughout the world, and outside the EU you may have less legal protection. Again, you would use the courts of the country where you’re treated, unless your provider says otherwise.