Military Medical Negligence Claims

All military personnel, including reservists, are provided with healthcare through the Defence Medical Services (DMS). The DMS has a duty to provide a reasonable standard of care and treatment to members of the armed forces. That includes medical, surgical, psychological and therapeutic care.

You might have the right to claim compensation if you or a loved one suffered an injury or illness due to military medical malpractice. The best way to sue the military for negligence is through a personal injury claim. However, you could also claim through the Armed Forces Compensation Scheme (AFCS).

To start a military injury compensation claim today, call 0800 470 0474 or use our online claim form to arrange a call back. A friendly solicitor will offer a free case assessment and guide you through the claims process.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

Call me back

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What duty of care is owed by the armed forces?
• What counts as military medical negligence?
• Can I make a military medical negligence claim?
• What is the process of making a compensation claim?
• What consequences can medical mistakes have?
• Will a military claim impact my career?
• Frequently asked questions:
• What is the time limit to claim compensation?
• How much could I claim for military medical negligence?
• How much will it cost to make a claim?

What duty of care is owed by the armed forces?

Military personnel are employees of the Ministry of Defence (MoD). Like any other employees, they are entitled to a safe working environment and reasonable measures to be safeguarded against risks. Unfortunately, accidents at work do happen, and these can cause various injuries.

The MoD provides armed forces personnel with healthcare through the Defence Medical Services (DMS). The DMS duties include:

• Provide medical and dental care to service members
• Support the overall health and well-being of the armed forces
• Ensure that service members are fit for their assignments
• Provide adequate treatment for injuries and illnesses
• Grant routine check-ups to all personnel
• Ensure medical care for service members in combat zones
• Provide training and information to improve the health and well-being of military personnel
• Address mental health issues and support those dealing with stress, trauma, and other psychological challenges
• Have preventive measures in place against diseases, environmental hazards, and other health risks

A failure in any of these duties can cause unnecessary or avoidable harm to military personnel, which could lead to a medical negligence compensation claim.

What counts as military medical negligence?

Military medical negligence refers to cases where healthcare providers within the DMS fail to meet the expected standard of care, resulting in harm, injury, or adverse outcomes for service personnel. Examples include:

• Poor record keeping, leading to missing or lost medical records
• Failure to administer medication and other prescription errors like incorrect dosage or failure to consider known allergies
• Surgical errors, such as wrong-site surgery or surgical instruments left inside the patient
• Misdiagnosis or delayed diagnosis of an illness
• Failure to inform patients of the risks associated with their treatment and obtain informed consent
• Failure to detect an unusual condition such as PTSD, compartment syndrome or cold and heat injuries
• Providing substandard treatment or failing to provide the appropriate treatment
• Inadequate care and monitoring after surgery
• Failing to provide appropriate care for mental health issues
• Poor documentation of patient information, diagnoses, treatments, and outcomes
• Failure to properly assess fitness for duty

If you suffered harm due to any of these or other shortcomings in your care, an experienced solicitor should be able to help you claim compensation.

Can I make a military medical negligence claim?

If you suffered avoidable harm or your condition worsened after receiving care from a military doctor, you could be entitled to start a compensation claim. The best way to find out if you have a valid claim is through a free consultation with an experienced legal adviser by calling 0800 470 0474.

If they believe you are entitled to compensation, your solicitor will work with a medicolegal specialist to prove the following:

• A breach of duty. All medical staff have an obligation towards patients to provide a reasonable standard of skill, knowledge and care. If your treatment fell beneath this standard, it could be considered medical negligence. The National Institute for Health and Care Excellence (NICE) offers objective criteria to determine a breach of duty.
• Causation. To have a valid medical negligence case, you must be able to prove that the negligence treatment directly caused your injury. If the substandard care did not affect the outcome of your condition, your claim will likely fail.
• Damages. To secure the best compensation award, you need evidence of the type and extent of the harm you suffered and any related losses. These could include pain, suffering, lost wages, travel expenses, and medical equipment.

If you can prove all of the above, you are likely eligible to make a claim for medical negligence.

What is the process of making a compensation claim?

If you want to claim compensation for military medical negligence, you should first contact a personal injury claims solicitor. They will ask you a few questions about the treatment and care you received and advise you on your chances of making a successful claim.

If your case has merit, they will offer you a no win no fee* agreement and help you claim compensation. The claims process will typically involve these stages:

Investigation. Your solicitor will begin by gathering evidence to show the losses you have suffered due to negligence. You could help them by providing any of the following:

• Photographs of any visible injuries before and after treatment
• Copies of your military medical notes
• Medical records from any civilian hospitals you have received care at
• Statements from friends and family about how the negligent treatment has affected your life
• Your notes about how your condition worsened
• A copy of your personnel file

Once they have all the details, your solicitor will forward a letter of claim to the Ministry of Defence to inform them of your allegations. The MoD has three months to conduct its own investigations and send you a response.

Rehabilitation. Your solicitor will arrange a free medical exam with a specialist to assess the full extent of your injuries and care needs. They will arrange the best rehabilitation and treatment for you, which is not always available through the NHS.

Negotiations. Your lawyer will determine how much compensation you could be entitled to receive based on your injuries and related losses. If the defendant admits liability, they will begin to negotiate your settlement. Both parties can make multiple offers until they agree on a compensation award.

Compensation. If the MoD admits liability and you negotiate a settlement, you should receive your payment within four weeks. If there are liability disputes or you cannot settle, court proceedings will begin. That does not mean you will necessarily go to trial, as more than 95% of all claims are resolved out of court.

What consequences can medical mistakes have?

Mistakes made by military healthcare professionals can have various short and long-term consequences for which you could claim compensation, such as:

• Patient harm, such as worsening of the medical condition, new health problems, disability, or wrongful death
• Prolonged recovery periods
• The need for additional treatment, surgeries, or therapies to address the effects of the mistake
• Emotional distress that may lead to anxiety, depression, and even post-traumatic stress disorder (PTSD)
• Loss of trust in the healthcare system
• Additional expenses for care and treatments

Your solicitor will consider all the effects of the negligent medical treatment on your life to make sure you are fully compensated.

Will a military claim impact my career?

Working in the military can be difficult, and accidents unfortunately happen. If you suffer an injury or illness during service, you are entitled to a reasonable standard of care and treatment. If you suffer further harm due to substandard care, you are entitled to compensation for your damages.

The MoD recognises and respects your right to make an armed forces medical negligence claim, so this should not affect your career. If you plan on continuing your service after recovery, there are laws that protect you from any retaliation.

The compensation award you receive is meant to cover your losses and put you back in the position you would have been in had the negligence not occurred. Thus, a military compensation claim will not affect your entitlement to a pension, either.

Frequently asked questions:

Below, we have answered some of the most common questions we receive from people who want to claim for military medical negligence. If you need further legal advice or want a free case assessment, do not hesitate to reach a personal injury lawyer by calling free on 0800 470 0474 or requesting a call back.

What is the time limit to claim compensation?

The time limit to make a claim will depend on the type of case you want to pursue. If you wish to claim for medical negligence under civil law, you must start your claim within three years under the Limitation Act 1980. The time limit will be put on hold if the claimant does not have the mental capacity to start legal proceedings. That could be due to a brain injury, post-traumatic stress disorder or another condition.

If you want to claim through the Armed Forces Compensation Scheme, you have seven years to do so starting from the date of injury. Alternatively, the limitation date could begin on the date of knowledge of the clinical negligence case.

How much could I claim for military medical negligence?

How much compensation you could receive for military medical negligence depends on the type of claim you make. Under civil law, military injury compensation is calculated based on two types of damages:

• General damages, awarded for the pain, suffering and other subjective losses caused by the negligent medical care
• Special damages, awarded for the related financial losses, such as prescriptions, private treatments and lost wages

You can look at our compensation calculator to get an idea of how much you could receive if you make a successful claim for compensation.

If you claim through the AFCS, the compensation you receive will depend on their tariff system. The AFCS provides a lump-sum payment for 15 injury levels based on severity, ranging from £1,236 to £650,000.

How much will it cost to make a claim?

If you have a valid military medical negligence claim, starting legal proceedings will not cost you anything. The solicitors we work with will offer you a 100% no win no fee service, so you do not have to pay them anything upfront. They only get a success fee capped at 25% of your awarded compensation if they win your case.

With no win no fee, you do not have to worry about litigation costs and disbursements either. If you lose, all your expenses will be covered by the After the Event (ATE) insurance included in your claim. The ATE will also cover the defendant’s solicitors and legal charges.

For a free case assessment, call 0800 470 0474 today or request a call back. If your case has merit, a medical negligence solicitor will offer you a no win no fee service and help you get the compensation you deserve.