Why Can’t UK Solicitors Support Surgery Claims Abroad?

In recent years, there has been a noticeable increase in UK residents travelling abroad for cosmetic surgery, a practice often referred to as medical tourism. While the appeal of lower costs and access to procedures may draw people to clinics in other countries, complications can arise, leading some to wonder if UK solicitors can provide support for claims linked to these surgeries.

In this article, the experts at Cosmetic Surgery Solicitors explain why UK solicitors generally cannot pursue claims for surgery conducted abroad and provide insights to help those considering such options make informed decisions and how best to make a medical negligence claim.

What is medical tourism?

Medical tourism refers to the practice of travelling to another country to undergo medical treatment, including cosmetic surgery. This trend has gained momentum as people look for alternatives to high domestic costs or long waiting times.

Popular destinations for cosmetic surgery include:

• Turkey, for procedures like hair transplants and liposuction.
• Eastern European countries, such as Poland and Hungary.
• Thailand, known for its cosmetic and dental services.

Why people seek surgery abroad:

• Lower upfront costs compared to UK clinics.
• Availability of package deals that combine surgery with travel and accommodation.
• Access to procedures not widely offered in the UK.

While the lower costs may seem appealing, they often come with trade-offs, such as reduced regulation or limited aftercare, which can result in complications.

Why might UK residents seek compensation after surgery abroad?

Cosmetic surgery comes with inherent risks, and when a procedure doesn’t go as planned, the effects can extend far beyond physical harm. Emotional distress, loss of confidence, and the financial burden of corrective treatment can weigh heavily on individuals. For those who travel abroad for surgery, these difficulties can be compounded by the added challenge of seeking legal recourse in a foreign country.

Reasons for seeking compensation

UK residents may consider pursuing compensation if they experience complications or feel that their surgery abroad did not meet the expected standard of care. Common reasons include:

• Surgical errors: errors during surgery can result in undesirable outcomes, such as asymmetrical features, visible scarring, or even nerve damage. These issues may require further corrective procedures, which can be costly and distressing.
• Infections: surgeries performed in unsanitary or poorly maintained environments can lead to infections, some of which may pose serious health risks. The lack of stringent hygiene standards in some clinics abroad increases the likelihood of these complications.
• Lack of aftercare: aftercare is a crucial part of the recovery process in cosmetic surgery. Clinics abroad may not provide sufficient follow-up care, or patients may find it challenging to communicate with their surgeon once they return home. This gap can leave issues unaddressed, exacerbating problems.
• Unregulated practices: some overseas clinics may not adhere to internationally recognised medical standards. This could mean employing unqualified staff, using substandard equipment, or performing procedures without adequate safety protocols. Such practices can lead to complications and long-term harm.

The complexity of overseas claims

In the UK, patients have access to a well-defined legal process for addressing medical negligence. Solicitors can investigate cases, gather evidence, and pursue compensation from practitioners who fail to uphold their duty of care. However, the situation becomes significantly more challenging when surgery is performed in another country.

Complications in pursuing claims include:

• Jurisdictional challenges: UK solicitors are bound by the laws of the UK and cannot enforce these in foreign countries.
• Local legal standards: the definition of negligence varies widely between countries, and what is considered unacceptable in the UK may be deemed acceptable elsewhere.
• Access to records: obtaining medical records or evidence from an overseas clinic can be difficult, especially if there are language barriers or resistance from the clinic.

Without a clear legal framework to hold foreign clinics accountable, many people find themselves with limited options for redress, underscoring the importance of careful planning before choosing surgery abroad.

Can UK solicitors help with claims for surgery abroad?

Unfortunately, UK solicitors are often unable to take on claims for surgeries performed abroad. This is primarily due to jurisdictional issues, which refer to the legal boundaries within which a solicitor can operate.

Why UK solicitors face challenges:

• Jurisdictional limits: UK laws do not apply to clinics operating in other countries.
• Local regulations: each country has its own standards and practices for medical care, which may not align with UK expectations.
• Establishing liability: determining negligence is harder when the responsible party is governed by foreign laws.

For these reasons, pursuing a claim against an overseas clinic is not something most UK solicitors can handle. However, there may be specific circumstances where help is possible.

Are there any exceptions?

While it is generally the case that UK solicitors cannot pursue surgery claims conducted abroad, there are a few scenarios where legal support may still be available. These exceptions hinge on the involvement of a UK-based entity in arranging or promoting the surgery, which can provide a link to UK jurisdiction.

Scenarios where help may be possible:

1. Involvement of a UK-based agency: if the cosmetic surgery was arranged through a UK-based company, such as a travel agent, clinic representative, or facilitator, the situation changes. In these cases, the UK entity may share some responsibility, particularly if they failed to conduct due diligence or misrepresented the credentials of the overseas clinic or surgeon. For example, if a UK agency promoted a clinic abroad as having high safety standards but the clinic failed to meet these claims, the UK-based company may be held accountable. In such cases, UK solicitors can investigate whether the facilitator breached their duty of care.
2. Package holidays under UK consumer law: some UK-based tour operators sell cosmetic surgery packages that include flights, accommodation, and the procedure itself. These packages may fall under UK consumer law, including the Package Travel and Linked Travel Arrangements Regulations. These laws hold the organiser responsible for ensuring that all aspects of the package meet acceptable standards. If an issue arises, such as complications due to substandard facilities, the organiser of the package may be liable for compensation. This route offers UK residents a potential pathway to address grievances linked to surgery abroad.
3. Misrepresentation in advertising: in cases where a UK-based organisation misrepresented the surgery, clinic, or expected outcomes in their marketing or promotional materials, there may be grounds for a claim. Misleading advertising, such as guaranteeing certain results or downplaying risks, can form the basis for legal action if the actual experience does not align with the advertised claims. For instance, a UK-based company promoting a procedure as "risk-free" when complications were not properly disclosed might be held accountable for misrepresentation.

Why understanding the arrangement matters

To determine whether a claim can be pursued in the UK, it is essential to examine the specifics of your arrangement. Questions to consider include:

• Was a UK-based agency involved in booking or facilitating the surgery?
• Were you sold a package that included travel and surgery, organised by a UK company?
• Did any UK entity make promises or representations about the surgery that turned out to be false?

These factors can help establish whether UK solicitors can assist with your case. At Cosmetic Surgery Solicitors, we can assess your situation and advise whether any UK-based party may be liable. Our team specialises in helping clients navigate these complex scenarios and will review your case to identify potential avenues for support.

What are the risks of pursuing legal action abroad?

If you decide to pursue legal action in the country where the surgery took place, several challenges may arise:

Challenges include:

• Language barriers: legal documents and proceedings may not be in English.
• Differing legal standards: some countries have less stringent regulations or lower thresholds for proving negligence.
• Costs of representation: hiring a solicitor in another country can be expensive and logistically difficult.
• Compensation systems: the amount awarded, if successful, may be much lower than what is expected in the UK.

These factors can make the process daunting, particularly if you are recovering from a difficult surgery experience. Seeking advice before pursuing surgery abroad can help mitigate some of these risks.

How can UK residents protect themselves before surgery abroad?

If you are considering cosmetic surgery abroad, taking proactive steps can reduce the chances of complications and help you make a more informed decision.

Tips for protecting yourself:

• Research the clinic thoroughly: check reviews, certifications, and the surgeon's qualifications.
• Look for international accreditation: reputable clinics often adhere to standards set by organisations like the Joint Commission International (JCI).
• Understand local regulations: familiarise yourself with the legal framework of the country you are visiting.
• Secure adequate insurance: ensure your travel insurance covers medical complications and additional treatments if needed.
• Arrange for aftercare: ensure you can access follow-up care in the UK or abroad if complications arise.

By taking these steps, you can minimise the risks associated with surgery abroad and better prepare for the unexpected.

What alternatives are available in the UK?

Opting for a cosmetic procedure in the UK may provide peace of mind due to the stronger regulatory framework and legal protections.

Advantages of choosing UK-based clinics:

• Regulated industry: clinics and practitioners must comply with standards set by organisations like the Care Quality Commission (CQC).
• Easier legal recourse: if something goes wrong, UK solicitors can readily pursue a negligence claim.
• Better aftercare options: UK clinics often include follow-up appointments and ongoing support.

How to find a reputable surgeon in the UK:

• Use the GMC Specialist Register to confirm a surgeon's qualifications.
• Look for membership in professional bodies like the British Association of Plastic, Reconstructive and Aesthetic Surgeons (BAPRAS).
• Read independent reviews to assess patient satisfaction.

While the costs of UK-based surgery may be higher, the added reassurance of legal protections and better oversight is often worth it.

How can Cosmetic Surgery Solicitors help?

At Cosmetic Surgery Solicitors, we understand the challenges faced by individuals dealing with complications after cosmetic surgery. While our expertise is in pursuing negligence claims for surgeries conducted in the UK, we are happy to advise you if you are uncertain about your options.

How we support clients:

• Expert legal advice: we provide clear, practical guidance on whether your case can be pursued.
• Compensation claims: if your surgery was conducted in the UK and fell below acceptable standards, we work to secure compensation on your behalf.
• Support and understanding: our team offers a sensitive, empathetic approach to help you through what can be a difficult time.

If you have questions about cosmetic surgery negligence or want to discuss a potential claim, call us today on 0808 189 7709 or fill out our callback form for a no-obligation consultation.