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    • dbrookf
    • By dbrookf 6th Dec 18, 5:17 PM
    • 415Posts
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    dbrookf
    Medical emergency
    • #1
    • 6th Dec 18, 5:17 PM
    Medical emergency 6th Dec 18 at 5:17 PM
    Anyone had any success with claiming flight delay compensation when the plane you are awaiting had to return to base due to a medical emergency on board...?
Page 2
    • Tyzap
    • By Tyzap 7th Dec 18, 6:12 PM
    • 1,755 Posts
    • 755 Thanks
    Tyzap
    It's nothing to do with being negative or positive, it's about giving qualified opinions rather than create unrealistic expectations. People in here are very knowledgable but there's generally a tendency to overestimate the validity of claims based in insufficient details. This thread is a clear example.
    Originally posted by jpsartre
    Unfortunately you have a tendency to snipe at contributors attempting to answer enquiries rather than confining you post to answering the ops question. That is negative, not for the first time either.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • jpsartre
    • By jpsartre 7th Dec 18, 8:26 PM
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    jpsartre
    Expressing an opinion that you don't share is not sniping. I'm sorry if you feel I've stepped on your toes but I don't recall ever being anything but courteous to you even if I don't always agree with your advice.
    • dbrookf
    • By dbrookf 8th Dec 18, 12:38 PM
    • 415 Posts
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    dbrookf
    I agree that a medical emergency is an EC and am on record for stating that in the past. The sanctity of life comes above everything in my opinion.

    If the op was on the flight from Dubai they would not have a valid claim, however, as they were waiting for the next flight, they do have a valid claim, if they want to pursue it. At some point the EC has to end and I believe that point is at the end of the affected flight, as it is with bad weather.
    Originally posted by Tyzap
    Why a valid claim? I got a response from a claim firm saying It all depends on who required medical attention, if it was a passenger then it unlikely that we would be successful but if it was a crew member then we would definitely be willing to pursue it for you. it was a passenger.
    • LadyDee
    • By LadyDee 8th Dec 18, 1:21 PM
    • 3,342 Posts
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    LadyDee
    The regulations have been around for well over a decade. If prices have gone up because of EU261 (which I doubt) it happened years ago.
    Originally posted by jpsartre
    And will continue to do so as more jump on the compo bandwagon.
    • Justice13075
    • By Justice13075 8th Dec 18, 2:05 PM
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    Justice13075
    Why a valid claim? I got a response from a claim firm saying It all depends on who required medical attention if it was a passenger then it unlikely that we would be successful but if it was a crew member then we would definitely be willing to pursue it for you. it was a passenger.
    Originally posted by dbrookf
    Which claim firm told you that?
    • Justice13075
    • By Justice13075 8th Dec 18, 2:08 PM
    • 1,520 Posts
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    Justice13075
    And will continue to do so as more jump on the compo bandwagon.
    Originally posted by LadyDee
    I read somewhere that the airlines already factor the cost of compensation into their prices and is around 50p per person. Until the airlines fully accept their responsibilities and pay compensation that is due and stops trying to get out of paying by lying they deserve everything that comes their way.
    Last edited by Justice13075; 08-12-2018 at 2:11 PM.
    • jpsartre
    • By jpsartre 8th Dec 18, 2:08 PM
    • 3,620 Posts
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    jpsartre
    And will continue to do so as more jump on the compo bandwagon.
    Originally posted by LadyDee

    If there was any reason to think prices had increased in the last 14 years as a result of EU261 I'd probably agree with you but there really isn't. If anything it's cheaper to fly now than it was then. More likely airlines are eating the costs due to the high degree of competition.
    • JPears
    • By JPears 8th Dec 18, 4:50 PM
    • 4,411 Posts
    • 1,203 Thanks
    JPears
    Or just making it as hard as possible for a legitimate claim to be paid out. The airlines are saving hundreds of thousands of s by denying passengers legitimate claims.
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    • nigem
    • By nigem 8th Dec 18, 5:26 PM
    • 201 Posts
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    nigem
    When does the medical emergency end? Is it when the plane returns the passengers back to an airport or when a rescheduled plane gets to its final destination?
    The delay was finally caused because the crew were out of hours.
    • Tyzap
    • By Tyzap 8th Dec 18, 9:42 PM
    • 1,755 Posts
    • 755 Thanks
    Tyzap
    When does the medical emergency end? Is it when the plane returns the passengers back to an airport or when a rescheduled plane gets to its final destination?
    The delay was finally caused because the crew were out of hours.
    Originally posted by nigem
    Hi Nigem,

    Unfortunately there is no single answer to all the different medical emergency scenarios. Each case must be looked at and assessed individually, it all depends on the detail.

    A good way to get a rough idea is to put your flight details into a couple of flight delay calculators such as the one on Bott & Cos website. If they are willing to take on your case then it is probably claimable.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • dbrookf
    • By dbrookf 9th Dec 18, 7:29 PM
    • 415 Posts
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    dbrookf
    Which claim firm told you that?
    Originally posted by Justice13075
    It was Bott & Co...
    • Tyzap
    • By Tyzap 11th Dec 18, 11:18 AM
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    Tyzap
    Hi Nigem,

    Here is an example of the type of things that can happen with what the airlines often claim to be a medical emergency.

    https://forums.moneysavingexpert.com/showpost.php?p=75168796&postcount=8488

    The airline initially refused compensation and yet Bott & Co managed to secure it! Proving that not all medical emergencies are such an emergency after all.

    In this case it seems the crew member called in sick before the flight, so the problem became a logistics/operational problem for the airline rather that a genuine medical emergency.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • nigem
    • By nigem 11th Dec 18, 9:23 PM
    • 201 Posts
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    nigem
    This was a genuine medical emergency, involving a seriously ill passenger 1 hour into an 8 hour flight. But the plane returned to the airport, needed checking over and the crew were out of hours.
    I was wondering if the medical emergency could be the cause of the whole delay, or just the initial emergency part.
    • Tyzap
    • By Tyzap 11th Dec 18, 10:31 PM
    • 1,755 Posts
    • 755 Thanks
    Tyzap
    This was a genuine medical emergency, involving a seriously ill passenger 1 hour into an 8 hour flight. But the plane returned to the airport, needed checking over and the crew were out of hours.
    I was wondering if the medical emergency could be the cause of the whole delay, or just the initial emergency part.
    Originally posted by nigem
    I would give Botts a call and discus your particular case with them, they are always happy to talk to potential claimants
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • jpsartre
    • By jpsartre 12th Dec 18, 8:02 AM
    • 3,620 Posts
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    jpsartre
    I was wondering if the medical emergency could be the cause of the whole delay, or just the initial emergency part.
    Originally posted by nigem

    Well it clearly WAS a cause of the whole delay but that in itself doesn't settle whether there's a valid claim or not. Just because the crew ran out of hours because of a medical situation doesn't entail that there were no reasonable steps the airline could have taken to prevent the delay.
    • peachyprice
    • By peachyprice 12th Dec 18, 8:21 AM
    • 19,954 Posts
    • 46,179 Thanks
    peachyprice
    It was an Emirates flight from Dubai that was due in at 07:00 for us to board at 08:45 hours. However that particular flight had to turn back to base, as a medical emergency occurred and once they have got that sorted out the flight then took off again for us to board eventually at 15:45 hours.
    Originally posted by dbrookf
    If the op was on the flight from Dubai they would not have a valid claim, however, as they were waiting for the next flight, they do have a valid claim, if they want to pursue it. At some point the EC has to end and I believe that point is at the end of the affected flight, as it is with bad weather.
    Originally posted by Tyzap
    The regulations assume that the airline has several planes standing by just in case, they don’t of course.
    Originally posted by Grey Critic

    I don't believe they do have a valid claim.

    For OP's flight to be delayed by only 7 hours Emirates must have sent another plane over from their base at DXB as soon as they realised there was an emegency, therefore doing as EU216 expected them to do to mitigate the delay.

    There is no way, with a 7 hr delay, the original plane had time to get 1 hr into a flight, turn around and fly back to DXB, offload the ill passenger and make the 8 hour flight back to MAN to leave at 15.45.
    Last edited by peachyprice; 12-12-2018 at 8:25 AM.
    Accept your past without regret, handle your present with confidence and face your future without fear
    • jpsartre
    • By jpsartre 12th Dec 18, 8:57 AM
    • 3,620 Posts
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    jpsartre
    I'm not sure those timings work out. Strictly speaking, if they had sent out another plane as soon as the emergency happened, the overall delay would be 1 hour, no? By the way, note that there are two posters posting about a medical emergency, dbrookf was delayed 7 hours, nigem doesn't mention how long he was delayed.
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