A Practical Guide to Cross-Border Clinical Negligence Claims

In recent years, it has become increasingly common for consumers to travel abroad for cosmetic surgical and dental procedures. Consumers may be enticed to go abroad from seeing surgical packages advertised on social media, such as TikTok or Instagram, which may be cheaper than private treatment costs in the United Kingdom and may entail a stay at a luxury hotel. Unfortunately, things can and do go wrong. When consumers suffer with complications arising from their procedures or an outcome that they are dissatisfied with, it may be the case that there has been causative negligence by the foreign surgeon and/or clinic such that proceedings are contemplated.

However, cross-border clinical negligence claims can be challenging to handle and bring with them a number of issues. Unlike a standard clinical negligence claim, practitioners often face additional complexities, such as whether England and Wales is the appropriate forum to hear the claim, as well as questions as to what the applicable law of the claim is.

This book provides practical guidance to practitioners handling cross-border clinical negligence claims, covering issues including jurisdiction and applicable law, deaths abroad and inquests, applicable standards, expert evidence, and different types of claim.

ABOUT THE AUTHOR

Dominique Smith is a barrister at Deka Chambers, specialising in travel law, inquests, clinical negligence, and personal injury. She has a busy court practice, with a particular interest in cross-border clinical negligence disputes and complex personal injury claims. Dominique is known for her expertise in respect of jurisdictional issues and package travel contracts. She often acts in multi-injury claims in the County Court and High Court, for both claimants and defendants.

Dominique has been recognised as a 'rising star' in travel law for several years in the Legal 500 and is also ranked in Chambers and Partners. She is a co-author of the leading travel textbook, Saggerson on Travel Law and Litigation, published in 2022, with this book being her second publication.

CONTENTS

Chapter One - Introduction

Chapter Two - Deaths Abroad and Inquests

Chapter Three - Package Travel Clinical Negligence Claims

Chapter Four - Non-Package Contract Clinical Negligence Claims

Chapter Five - Jurisdiction

Chapter Six - Applicable Law

Chapter Seven - Applicable Standards

Chapter Eight - Expert Evidence

Chapter Nine - Contribution Claims

Chapter Ten - Quantum