Gavin Hughes
Partner, Military Claims Solicitor
English
If you've been harmed by medical negligence from a military doctor, officer, nurse, or other health professional, while serving in the British Armed Forces, you may be entitled to claim compensation. The UK Armed Forces operate in challenging and often dangerous environments, where the health and safety of servicemen and servicewomen is paramount. The Ministry of Defence (MOD) is entrusted with a duty of care to safeguard the health and wellbeing of every service member. This includes profession of health care by or on behalf of the Ministry of Defence. However, if they breach this duty of care and you or a loved one has suffered due to medical negligence whilst serving in the military, you may be entitled to compensation.
At Simpson Millar, our medical negligence claims lawyers offer a free, initial consultation to establish right away if we can take on your case on a No Win, No Fee basis.
If the MoD has failed to provide you or your loved with proper medical care, our specialist team is here to help you pursue the compensation.
Our experience and dedication mean we will handle your case with the expertise it deserves.
Military medical negligence refers specifically to mistreatment within the Armed Forces' medical system and happens when a healthcare professional—such as a doctor, nurse, physiotherapist, or surgeon—fails to provide proper care to military personnel, resulting in harm or injury.
It can happen at any stage, from diagnosis to surgery or ongoing treatment. and can be complex due to the unique circumstances and conditions many military personnel face.
Examples of Military Medical Negligence include:
The effects of medical negligence aren’t only physical. The impact often includes emotional and financial implications, and long-term health complications.
If you or a loved one has suffered due to a failure in the medical care you received whilst in the military, we are here to offer confidential advice and support.
If you're the relative of a member of the Armed Forces who died due to suspected Military Clinical Negligence, we may be able to help investigate and pursue claims
Medical negligence in the Armed Forces can stem from various factors, often exacerbated by the challenging environments in which military personnel operate. Some of the most common causes include:
Inadequate training
Medical professionals may lack the specialised training required to treat certain injuries or conditions, particularly those unique to military service.
Resource constraints
In combat zones or remote locations, medical facilities may be under-resourced, leading to substandard care.
High-pressure environments
The fast-paced and high-stress nature of military operations can contribute to mistakes in medical judgment or procedure.
Fatigue and burnout
Extended deployments and long working hours can lead to fatigue among medical staff, increasing the likelihood of errors.
Not listening to the concerns of the patient
Clinical errors often occur when healthcare professionals fail to fully listen to a patient's history of symptoms or concerns. Instead, they may pursue a course of treatment that can inadvertently lead to further harm.
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Medical negligence, sometimes also known as medical malpractice or clinical negligence, involves negligent actions or mistakes by medical professionals such as physicians, pharmacists, paramedics, surgeons and nurses, that lead to injury or harm.
Determining whether you have a valid military clinical negligence claim involves assessing if the care you received fell below the expected standard and whether this directly caused harm.
Our Military Medical Negligence Claims Solicitors will review your case based on factors such as:
Serving in the military does not prevent you from seeking compensation, and you don't need to be discharged before starting a claim. In fact, it's often advisable to seek legal advice early due to time limits for making a claim.
Before we make a Military Medical Negligence claim against the MOD, we first have to establish facts about your case such as:
To strengthen your case, and prepare for any failure to admit responsibility, we’ll consider specific benchmark questions such as:
Making a claim for Military medical negligence not only helps you to secure compensation for the harm you’ve suffered, but it also holds those responsible to account helping to prevent it from happening to others.
Pursuing a claim can also provide financial support for your ongoing medical needs and loss of earnings, helping you rebuild your life.
Beginning a medical negligence case can be daunting, but our military claims experts are here to guide you each step of the way. The process typically involves:
Expert Assessment
Making a claim for military medical negligence begins with a free, initial claims assessment with one of our expert legal team. We’ll take the time to understand what you’re going through and tell you if we think you have a case before explain what happens next.
The next step in pursuing your medical negligence claim involves gathering evidence and conducting a thorough investigation. We’ll start by determining the extent of your injuries, and the losses they have caused, and will work with medical experts and military personnel to collect the necessary supporting evidence. This might include:
Once we’ve gathered all the relevant evidence directly linking your illness or injury to military medical negligence, we’ll submit a formal Letter of Claim to the MOD and they will begin conducting their own investigation.
A medical examination by an independent expert may be required to assess the extent of your injuries and their full impact. This helps to establish the connection between the negligence you experienced and the harm you suffered.
Rehabilitation
If you need further medical care or support, we’ll help you access the necessary treatment and advice to aid your recovery.
Calculating Compensation
We’ll consider several factors when calculating the compensation you’re entitled to, including the severity of your injuries, pain and suffering, medical expenses, and impact on your ability to work. We then present this figure to the MOD, who will then either accept liability or contest the claim.
We're rated‘Excellent’Yes, there are time limits for making a military medical negligence claim. Generally, you have three years from the date of the negligence, or from when you first became aware of the harm caused, to make a claim. However, there are exceptions, particularly for cases involving minors or individuals who lack the mental capacity to make a claim themselves.
If you’ve been a victim of medical negligence, it’s best to talk to a solicitor as early as possible so you can take the opportunity to seek the compensation you deserve.
Compensation for military medical negligence can vary significantly, covering a wide range of losses and expenses aimed at helping you recover and move forward.
The amount awarded will depend on the severity of your injury and its overall impact on your life. During our initial assessment, we’ll give you an estimate of what you may be entitled to if your claim is successful.
When calculating compensation, we consider several factors, including:
Navigating a military medical negligence claim isn’t easy, but you don’t have to go through it alone. In addition to legal support and guidance from our dedicated team, there are other resources available to help you cope with the physical, emotional, and financial impact of your experience including Veterans UK, Combat Stress, The Royal British Legion and Help for Heroes.
When it comes to handling military medical negligence claims, Simpson Millar is a trusted choice for service members and veterans across the UK.
Our solicitors have extensive experience in military medical negligence claims, with a deep understanding of the unique challenges faced by service members. We have successfully handled numerous cases, securing substantial compensation for our clients.
What’s more, our No Win, No Fee arrangement ensures that you can pursue your claim without financial risk. Allowing you to focus on your recovery without worrying about upfront legal costs.
It’s been widely reported that a military officer with 26 years of service was the victim of derogatory and insulting remarks during a consultation with a civilian panel advising the Ministry of Defence on his Armed Forces Compensation Scheme (AFCS) claim.
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The first step is to contact us for a free, initial assessment. We will review your case, provide advice on the next steps, and explain your options for pursuing a claim, including whether to make a civil claim. Whilst you would not be eligible for clinical negligence under the Armed Forces Compensation Scheme, you may however be eligible under that scheme if you suffered an injury whilst serving for which the clinical treatment was subsequently required.
Our military medical negligence claims team offers expert support for those affected by military medical negligence ensuring you receive the compensation you deserve for injuries sustained in the line of duty.
The time it takes to settle a claim can vary depending on the complexity of the case and whether the responsible healthcare provider accepts fault. Whilst we aim to resolve your claim as soon as possible, these cases usually take several years and it is necessary to initially obtain all medical records from the MoD and this takes time.
Yes, you can still make a claim if the negligence occurred while you were stationed overseas, provided it involved a UK-based military medical professional or facility.
To support your Armed Forces medical negligence claim, we will gather key evidence including medical records, expert testimony, witness statements, and personal documentation showing the impact of the negligence on your life.
We can examine many different kinds of evidence, including patterns that suggest others have been harmed in a similar way. Our solicitors will guide you through accessing, gathering and organising all supporting evidence.
Pursuing a claim should not impact your military career, as you have a legal right to seek compensation for medical negligence. But we know that career concerns are common when suing the army for medical negligence. Our team can provide guidance on how to approach this while minimising any potential reputational impact.
You won’t need to pay any legal fees upfront, but there may be additional costs called disbursements, such as court fees or expert report fees. These can be covered by a type of insurance known as After the Event Insurance, which will take care of these expenses for you. Your case handler will explain this in more detail.
You’ll sign either a Conditional Fee Agreement , which means that if you lose your case, you won’t have to pay our legal fees. If you win, the other party will cover a portion of our costs, but you may need to pay some from your compensation. This amount is usually capped at a pre-agreed percentage.
Our team of military injury compensation solicitors have extensive experience in handling medical negligence cases of all natures, advocating for the rights of service members. As a result, we have a high success rate in securing financial compensation for clients whose lives have been affected by military medical negligence.
You may still be able to make a claim if the negligence occurred several years ago, depending on when you became aware of the harm caused. We’re here to discuss your specific circumstances and advise quickly if you could still make a claim.
Yes, family members may be able to make a claim on behalf of a deceased service member if the death was caused by medical negligence. Simpson Millar’s trusted team can provide guidance on how to proceed with such a claim and support you every step of the way.
If your claim is denied, we can review the decision and advise on whether to appeal or pursue alternative options. We are committed to fighting for your rights and ensuring you receive the financial compensation you deserve.
You can speak to a member of our team today by calling us today on 0808 239 6043 or request a free callback.
We offer a free, initial consultation to begin guiding you through the process.
Medical negligence in the Armed Forces can have devastating consequences, but you don't have to face the aftermath alone. At Simpson Millar, we are dedicated to helping service members and their families secure the compensation they deserve. With our expert guidance, together we will navigate the military medical negligence claims process so you can focus on recovery.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 0244
