Approximately 10 million overseas trips are taken by Australians yearly, with many visiting foreign countries for an overseas holiday experience. International travel is on the rise, and although most holidays go smoothly, there is always the chance of accident or injury curtailing the fun. The situation can become complex when new or existing injuries or ailments are treated incorrectly, resulting in medical negligence.
Travel insurance is highly recommended for all Australians heading overseas. In most cases, your insurance provider will cover the cost of medical negligence, although international laws can impact the claim. People without travel insurance are personally liable for covering medical or other costs that can amount to hundreds of thousands of dollars. The complexity of international law means some medical negligence claims are disputed, making Taylor & Scott assistance the best way of achieving positive compensation outcomes.
Can I make a medical negligence claim if I was on holidays overseas?
The circumstances of your injury and medical negligence will determine the appropriate pathway for compensation. In some cases, you can make a claim against an overseas defendant while having the case heard in New South Wales. Situations for bringing an overseas medical negligence claim under Australian law include:
- Claim against a tour operator
- Claim against a company that organised an overseas event
- Claim against an Australian company with an overseas presence
What medical negligence injuries could I claim for?
Medical negligence compensation covers any situation where a treating professional or assistant failed in their duty of care. Medical negligence injuries can impact physical or psychological health. Examples of medical negligence include the following:
- Anaesthesia errors
- Medical misdiagnosis
- Delayed misdiagnosis
- Surgical errors
- Cardiac injuries
- Brain injuries
When taking out travel insurance, it’s important to clearly inform the insurer of where you are going and what you are planning to do while there. Your holiday travel insurance should cover medical expenses for injury or illness along with cover for pre-existing medical conditions. If required, Taylor & Scott Lawyers can support your compensation claim. We offer a free case assessment and may be able to offer our ‘no-win, no-fee’ guarantee, meaning you don’t pay us a cent until your case is won and compensation is paid to you.
Does the location of the incident affect my case?
Difficulties arise when medical negligence claims are subject to negligence laws in the country where the accident or incident occurred. Australian compensation laws are stringent but generally fair, while some overseas governments, particularly those in undeveloped nations, don’t always provide the same level of cover for locals or visitors. To put things in perspective, Australians make approximately 200,000 travel insurance claims yearly, with 10% or all claims declined by insurers. This gives some indication of the legal minefield that can ensue, requiring dedicated negotiation by highly experienced lawyers. In some cases, compensation is declined due to a misunderstanding of the insurance policy, although there are many situations where Taylor & Scott Compensation Lawyers can make the difference for a fair and just payout.
What evidence do I need to make a claim?
Creating a strong holiday accident compensation claim requires accurate information. If possible, retain all documents related to your accident or incident, along with medical records, police records, photographic evidence, witness statements and anything else you think may support your case. Taylor & Scott Lawyers will conduct all relevant searches on your behalf, collate all documents, negotiate with insurers and even represent you in court if required.
Supporting information will also strengthen your case, with considerations that include:
- When did you first realise medical negligence occurred?
- Did you discuss operative concerns with the overseas medical practitioner?
- Did you inform anyone when you realised things weren’t as they should be?
- What did the treater say in response to concerns?
- Did you get a second medical opinion? What did they say?
- What was your life like before medical intervention?
Holiday accident compensation resulting in medical negligence can be complex and confusing. If you believe you deserve compensation, the experts at Taylor & Scott Lawyers will provide guidance and inform you of your chances of a successful outcome.
At Taylor & Scott, ‘We Care For You’.