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Botched repair surgery carried out abroad - compensation?

carly burncarly burn
in Not Sports Related
A friend of mine had a fall whilst in Spain on holiday last April. He did some serious damage to his knee and was sent to a local hospital where an emergency operation was carried out to repair it. After a fair stint in hospital over there he returned and was examined by a specialist in London who told him that the repair was carried out incorrectly.
To cut a long story short he has been in and out of hospital and when I spoke to him yesterday he has been told that they may have to remove his leg just above the knee. He's early forties with two young girls and devastated.  To make matters worse his company sick payments have just run out.

I was wondering if he might be entitled to any compo due to the botched surgery in Spain?

Anyone have any knowledge of  making a claim against another countries health service?
I'm guessing it would be very hard work but he may have to go down that route

Comments

  • stonemusestonemuse
    Did a compensation claim a couple of years back for an injury sustained in a hotel in Spain due to staff negligence. Not on the Health service but to the hotel itself. 

    Whilst I won the claim, the compo was ridiculously small for what had happened. Having looked into it, it was clear that compensation in Spain is significantly lower than in the UK or other EU countries. 

    All the best to your mate. 
  • LincsaddickLincsaddick
    to state the obvious, your friend needs to take advice from a Spanish lawyer, assuming that he was in no way responsible for the fall .. It's a terrible situation that he might need an amputation .. all the very best to him
  • harveys_gardenerharveys_gardener
    My father died from a stroke, due to hospital withdrawing his arrythmyial beta-blockers when he had chest pains (Google no-no). I wanted to take legal action against the doctor involved but becaue Dad was an avid supporter of NHS I didn't.

    Different though with someone with a family facing life changing injuries. Were the surgeons actually negligent? Sad story anyway. 
  • carly burncarly burn
    harveys_gardener said:
    My father died from a stroke, due to hospital withdrawing his arrythmyial beta-blockers when he had chest pains (Google no-no). I wanted to take legal action against the doctor involved but becaue Dad was an avid supporter of NHS I didn't.

    Different though with someone with a family facing life changing injuries. Were the surgeons actually negligent? Sad story anyway. 
      I'm not sure. Sounds like it bit I'm visiting him on Wednesday so might find out more.
  • swords_aliveswords_alive
    edited November 2019
    Your friend may have a medical negligence claim and a personal injury claim depending on the circumstances of the accident. I did a quick bit of googling and found these firms who would probably welcome the business;

    https://www.irwinmitchell.com/personal/personal-injury-compensation/holiday-accidents-illness-claims/medical-negligence-abroad

    https://www.legalexpert.co.uk/personal-injury-compensation/holiday-accident-claims/spain/

    https://www.gbabogados.co.uk/medical-negligence-claims/

    He won't be the first to have had this happen and further research will likely reveal better ways to go about this. In the short term he'll need to know what the consequences are and get himself physically, and mentally stable I expect. Likely to be additional stresses taking complicated legal actions. His insurance company would likely have a position on this too. Main suggestion has to be to get proper advice!


  • LargeAddickLargeAddick
    swords_alive said:
    Your friend may have a medical negligence claim and a personal injury claim depending on the circumstances of the accident. I did a quick bit of googling and found these firms who would probably welcome the business;

    https://www.irwinmitchell.com/personal/personal-injury-compensation/holiday-accidents-illness-claims/medical-negligence-abroad

    https://www.legalexpert.co.uk/personal-injury-compensation/holiday-accident-claims/spain/

    https://www.gbabogados.co.uk/medical-negligence-claims/

    He won't be the first to have had this happen and further research will likely reveal better ways to go about this. In the short term he'll need to know what the consequences are and get himself physically, and mentally stable I expect. Likely to be additional stresses taking complicated legal actions. His insurance company would likely have a position on this too. Main suggestion has to be to get proper advice!


    From the OP it doesn’t say whether or not he had taken out any medical cover. If he had then surely that would be his first port of call and it would cover certain legal expenses too.
  • Cordoban AddickCordoban Addick
    Warn your friend that the justice system in Spain is chronically underfunded and therefore things can take years (not exaggerating) to get to court, then years to be resolved and then years for the 'guilty' to pay out.
  • carly burncarly burn
    edited November 2019
    LargeAddick said:
    swords_alive said:
    Your friend may have a medical negligence claim and a personal injury claim depending on the circumstances of the accident. I did a quick bit of googling and found these firms who would probably welcome the business;

    https://www.irwinmitchell.com/personal/personal-injury-compensation/holiday-accidents-illness-claims/medical-negligence-abroad

    https://www.legalexpert.co.uk/personal-injury-compensation/holiday-accident-claims/spain/

    https://www.gbabogados.co.uk/medical-negligence-claims/

    He won't be the first to have had this happen and further research will likely reveal better ways to go about this. In the short term he'll need to know what the consequences are and get himself physically, and mentally stable I expect. Likely to be additional stresses taking complicated legal actions. His insurance company would likely have a position on this too. Main suggestion has to be to get proper advice!


    From the OP it doesn’t say whether or not he had taken out any medical cover. If he had then surely that would be his first port of call and it would cover certain legal expenses too.
      He was insured.

    Cordoban Addick said:
    Warn your friend that the justice system in Spain is chronically underfunded and therefore things can take years (not exaggerating) to get to court, then years to be resolved and then years for the 'guilty' to pay out.
      That would be a concern. A compensation fight on the back of what he's been through maybe too much. But that's a decision for him.
     
    Surgery to remove his leg is the second option. The other option is to continue with operations which involves breaking the leg at certain intervals and hoping the bone grow stronger but no guarantees it will.

    He sounds like he's had enough. His leg is in a right state and more ops will probably make it worse, and will probably be 2 years before he sees any results if any.
     It's affected his home life enough and I think the amputation is looking more like his preferred option. 
    What a choice. Poor sod.
  • cantersaddickcantersaddick
    edited November 2019
    Don't know about the compensation or anything but I will say that a family member had a leg amputated recently at a similar age and is getting on fine. He was moving about a couple of days later and is completely comfortable getting around now.

    These things seem massive but you adapt and carry on. 
  • hoof_it_up_to_bentyhoof_it_up_to_benty
    I used to do rehab work with amputees - if you're young and fit you can make a very good recovery. Important to get the right support.
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  • BaldybonceBaldybonce
    hoof_it_up_to_benty said:
    I used to do rehab work with amputees - if you're young and fit you can make a very good recovery. Important to get the right support.
    If i lol that will i get told off?
  • Stuart_the_RedStuart_the_Red
    The advances in the production of high quality prosthetic limbs has allowed some incredible advances in the last couple of years.

    If your friend decides to go the way of amputation then he should check out these guys: https://www.dorset-ortho.com/en/

    My wife has a lower arm prosthetic from there (she was born without a lower arm and hand on her left side) and the quality is incredible.

    we have friends who have taken 6 to 9 months to realise that she wears a prosthetic limb. In fact one of our friends who is a nurse recently tried to take her pulse on the left side and was shocked when she saw it. Not cheap, of course, but paid for by the german NHS (€16.000 but she was living in Germany when this prosthetic was made).
  • carly burncarly burn
    hoof_it_up_to_benty said:
    I used to do rehab work with amputees - if you're young and fit you can make a very good recovery. Important to get the right support.
      Any suggestions mate.
    The hospital he's at have not been the best.
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