fractured shoulder after falling in a hotel bathroom

  • Hi Guest, welcome to the help forum. You can get fast answers to your customer service questions here. We have a dedicated team of advocates who are ready to help. Just go to the section that matches your question and ask us!
  • If you've posted a question or issue for our advocates to assist with, please be sure to check back frequently for responses and requests for clarification.
  • Did you know you can get email notifications when something new posts to your favorite forum? It's easy. Just click the "watch" link right next to the "post new thread" button at the top of your favorite forum. The rest is easy. Now you'll never miss another conversation.
  • Want to become an expert user? Drop by the How to use this forum section and all will be revealed. We'll show you how to make the most of your experience.
Dec 20, 2017
2
1
3
41
#1
Hello,

I stayed at a hotel Portugal in Lisbon from 12/4/2017-12/5/2017. The morning of 12/5, I fell in the bathroom on the slippery wooden board and broke my shoulder. I immediately called the reception, they came in with ice and agreed to pay for taxi to the airport because I had to catch a flight in 2 hours. I booked my hotel on Orbitz.com. I made a claim with them and also emailed the hotel management with the examination from the hospital that shows that I have a fracture.
They emailed me back saying it's under their legal department. The email said nothing more than that.
My question is how do I get some compensation for medical bills. Is it better to go through Orbitz or through hotel directly? Or is it useless to contact either because most likely I wont get anything anyway?

Thank you in advance.
 
Jul 13, 2016
128
240
43
56
#3
Your issue is with the hotel, not Orbitz. The fact that you did not have time to visit a local doctor for a diagnosis may hurt you in the long run. The hotel may argue that bathroom floors are often slippery, and without proof in the form of a local doctor's visit, may choose to ignore your claim. I am not a lawyer, but I would think that to sue the hotel for negligence will be difficult as you would have to sue in their home country.
Did your US-based health insurance not cover the injury and subsequent medical bills? Did you have trip insurance, either purchased from a third party like Travelex, or through the credit card used to pay for the hotel?
When you say "they" emailed you back saying it was with their legal dept, was that Orbitz or the hotel?
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
13,403
13,058
113
New York
www.promalvacations.com
#4
Your issue is with the hotel, not Orbitz. The fact that you did not have time to visit a local doctor for a diagnosis may hurt you in the long run. The hotel may argue that bathroom floors are often slippery, and without proof in the form of a local doctor's visit, may choose to ignore your claim. I am not a lawyer, but I would think that to sue the hotel for negligence will be difficult as you would have to sue in their home country.
Did your US-based health insurance not cover the injury and subsequent medical bills? Did you have trip insurance, either purchased from a third party like Travelex, or through the credit card used to pay for the hotel?
When you say "they" emailed you back saying it was with their legal dept, was that Orbitz or the hotel?
The agree- you should have gone to the hospital there to have it documented. If you didn’t see a dr. till you got home, you could have fallen anywhere- you have to proof it was there or you slipped and fell at your home airport.

Orbitz owes you nothing - any claims would be to the hotel.

As others have asked- did your personal insurance reimburse? Even Travel insurance wouldn’t pay because you did not see a dr. to diagnose the problem while you were there.
 

jsn55

Verified Member
Dec 26, 2014
6,859
6,781
113
San Francisco
#5
This must have been a horrible experience. What kind of negligence did the hotel show? If that can be proven, an attorney might be able to help you. For example, if you fell on a floor that was wet when you checked into the room, that could possibly be considered negligent. You fell the next morning, so proving that someone else was at fault will be difficult.
 
Dec 12, 2016
14
5
3
67
#6
If you had purchased "travel insurance", at the time of purchasing your airline ticket, or room reservation, the medical expenses incurred should be submitted to the company who the travel insurance was purchased from. If you are a Medicare recipient and have supplemental insurance, those two in conjunction should also be able to help you.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
13,403
13,058
113
New York
www.promalvacations.com
#7
If you had purchased "travel insurance", at the time of purchasing your airline ticket, or room reservation, the medical expenses incurred should be submitted to the company who the travel insurance was purchased from. If you are a Medicare recipient and have supplemental insurance, those two in conjunction should also be able to help you.

The letter writer hasn’t been back since posting to answer our questions.
 
Jun 27, 2017
76
122
33
#8
If you had purchased "travel insurance", at the time of purchasing your airline ticket, or room reservation, the medical expenses incurred should be submitted to the company who the travel insurance was purchased from. If you are a Medicare recipient and have supplemental insurance, those two in conjunction should also be able to help you.
We have Medicare and a BC/BS Medigap policy. We have been repeatedly told Medicare does not cover us for illness or injury OUTSIDE the US. Our BC/BS may cover some expenses under worldwide BC/BS, but it's iffy. That's why we always purchase travel insurance.
 
Likes: VoR61

Dwayne Coward

Administrator
Staff Member
Director
Apr 13, 2016
405
518
93
St. Louis
#10
This comes up quite often. There is very limited coverage under Medicare, but some of the gap and advantage plans do provide coverage:

From MedicareInteractive.org:

Travel to a Foreign Country

If you will be traveling to a foreign country, Medicare will not usually cover your medical care.

However, Original Medicare and Medicare Advantage Plans must cover your medical care you get outside of the U.S. in the following limited cases:

  • Medicare will pay for emergency services in Canada if you are traveling a direct route, without unreasonable delay, between Alaska and another state and the closest hospital that can treat you is in Canada.
  • Medicare will pay for medical care you get on a cruise ship if you get the care while the ship is in U.S. territorial waters. This means the ship is in a U.S. port or within six hours of arrival at or departure from a U.S. port.
  • Medicare may pay for non-emergency in-patient services in a foreign hospital (and connected physician and ambulance costs). It is covered if it is closer to your residence than the nearest U.S. hospital that is available and equipped to treat your medical condition. This may happen if, for example, you live near the border of Mexico or Canada.
Some supplemental insurance, such as Medigap plans, provide coverage for foreign travel. Medigap plans C through G and M and N cover 80% of the cost of emergency care abroad during the first two months of a trip with a $250 deductible and up to $50,000 in a lifetime.

Some Medicare Advantage Plans also cover emergency care when you travel outside the United States. Check with your plan to see what costs and rules apply when you travel outside of the United States.
 
Dec 20, 2017
2
1
3
41
#11
Thank you so much for advice! I didn't have travel insurance, also I was flying back the next day and was hoping that it would turn out to be nothing. Orbitz gave me $100 coupon for future stays. I guess that's better than nothing. Such a bizarre accident!
 

Carrie Livingston

Moderator
Staff Member
Advocate
Jan 6, 2015
842
843
93
45
St Louis
#12
@verunchik thanks for coming back with an update. Sorry you didn't have travel insurance but definitely something to keep in mind for the future. If purchased when the travel is purchased it can cover pre-eisting conditions so that's a plus! It was nice of Orbitz to give you a coupon for a future stay.
 
Likes: VoR61

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
13,403
13,058
113
New York
www.promalvacations.com
#13
I agree with Carrie- unfortunately this is the way many people learn about the value of travel insurance. I hope you will consider it next time you travel outside the US.

But more important- I hope you have fully recovered. I can’t imagine the pain you must have been in. Sorry this happened.
 
Dec 12, 2016
14
5
3
67
#14
I believe that most US medical policies don't cover outside the US. There are some exceptions but I'm not sure what they are.
Correct. Medicare will cover outside the US , only if you move permanently to a foreign country.........but the Medigap insurance (supplemental insurance) depending what every Medicare recipeint has, should cover some of the expenses of medical need someone incures overseas while traveling. The best option is to buy "travel insurance" for the time period while traveling outside the US.
 
Likes: jsn55
Dec 12, 2016
14
5
3
67
#15
@verunchik thanks for coming back with an update. Sorry you didn't have travel insurance but definitely something to keep in mind for the future. If purchased when the travel is purchased it can cover pre-eisting conditions so that's a plus! It was nice of Orbitz to give you a coupon for a future stay.[

Here is the address of a NON-PROFIT organization, that can advice overseas travelers where to go and what to do in medicly necessary situations while outsie of the US (they will ask for a donation, but will supply the traveler with a membership card, a list of drs. and Hospitals in the country the traveler is visiting etc).....https://www.iamat.org/medical-directory
 
Dec 12, 2016
14
5
3
67
#16
Here is the address of a NON-PROFIT organization, that can advice overseas travelers where to go and what to do in medicly necessary situations while outsie of the US (they will ask for a donation, but will supply the traveler with a membership card, a list of drs. and Hospitals in the country the traveler is visiting etc).....https://www.iamat.org/medical-directory

And yes, Medicare will not pay for scrapes and bruises and other medically necessary treatment while traveling, but will pay for some treatment. Please check out their website at : www.Medicare.gov.............they have written answers to hundreds of questions. On the same subject, the Medigap insurance, will pay for some travel related medical emergencies, need to check with the person's own supplemental (medigap) provider.
 

Dwayne Coward

Administrator
Staff Member
Director
Apr 13, 2016
405
518
93
St. Louis
#17
Correct. Medicare will cover outside the US , only if you move permanently to a foreign country..........
Do you have a reference for this? I researched this a few years back for my mother who lives overseas and found that while she can sign up for Medicare, they won't pay for care unless she receives it in the US.
 
Sep 19, 2015
2,467
3,743
113
48
#19
Correct. Medicare will cover outside the US , only if you move permanently to a foreign country.........but the Medigap insurance (supplemental insurance) depending what every Medicare recipeint has, should cover some of the expenses of medical need someone incures overseas while traveling. The best option is to buy "travel insurance" for the time period while traveling outside the US.
I do not think that is correct. For normal medicare (A):

Can I use my Medicare coverage while I’m living outside the United States?

In general, Medicare doesn’t cover health care you get outside the United States. The 50 states, the District

of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American

Samoa are considered part of the U.S.


https://www.medicare.gov/pubs/pdf/11871-Welcome-to-Medicare-Living-Abroad.pdf
 
Likes: Neil Maley
Mar 23, 2015
81
120
33
53
#20
Thank you so much for advice! I didn't have travel insurance, also I was flying back the next day and was hoping that it would turn out to be nothing. Orbitz gave me $100 coupon for future stays. I guess that's better than nothing. Such a bizarre accident!
I would never advise someone not to tell the truth to their Doctor, but I think when I went in to the ER or my Dr back home, I might have simply said "I fell in the bathroom and hurt my shoulder." I don't think I'd have felt it 100% necessary to say it happened in a bathroom in Portugal ...