Military Medical Negligence

At JMW Solicitors, we understand the unique challenges faced by military personnel and their families when it comes to medical negligence. Our expert team is dedicated to providing the highest level of service and support to help you to navigate this complex area.

Military medical negligence cases arise in the same way that they do in a civilian setting. However, in these cases, it is either the Ministry of Defence (MOD) or the NHS who are responsible for the medical treatment provided to military personnel

If you are a member of the Armed Forces and feel you have been provided with negligent medical treatment, then JMW can help. Our specialist team of medical negligence solicitors can help you to bring a successful claim, and ensure you receive the compensation you deserve.

To speak to a solicitor at JMW about making a military medical negligence claim, contact us today by calling 0345 872 6666, or request a call back by completing our online enquiry form.

How JMW Can Help

Our specialist team of military medical negligence solicitors have many years of experience investigating and pursuing cases where substandard treatment has been provided under the Ministry of Defence. No matter the circumstances of your case, we will offer the legal advice and support you require to achieve the best possible outcome.

The services we offer include:

• Evaluating your case: Our experienced solicitors will assess the individual details of your case to determine the strength of your claim, and advise you on what comes next
• Building your case and gathering evidence: Once we have established the basics, we will work closely with medical experts and military personnel to gather crucial evidence, including medical records, and build a strong case on your behalf
• Negotiating and handling your claim: We will present your case to the defendant and handle all negotiations to settle the claim. We will always strive to achieve out-of-court settlements
• Ongoing support: We understand how that the medical negligence claims process can be complex and stressful, which is why we are committed to offering support and assistance at every stage

JMW’s team of compassionate solicitors are committed to helping you and your family achieve the justice you deserve. With a proven track record of success in handling military medical negligence claims, we understand the unique challenges faced by military personnel and their families, and will always put your needs first.

Our military medical negligence team is led by Mark Havenhand, who has been frequently named in the Chambers and Partners UK and Legal 500 guides as one of the UK’s most respected clinical negligence solicitors. He has a proven track record of successfully helping serving and discharged personnel from all branches of HM Armed Forces to claim compensation for medical care provided by the MoD.

Additionally, we act on a no win, no fee basis, meaning you are protected from having to pay any legal fees if we do not win your case.

What is Military Medical Negligence?

Medical negligence (also known as clinical negligence) occurs when a medical officer or another healthcare provider has failed to deliver the standard of care to which you are entitled, resulting in injury, loss or a worsening of your existing medical conditions. If your condition or injury has been wrongly diagnosed, or your treatment has been delayed, you may be entitled to make a claim.

There are a number of circumstances that can lead to an Armed Forces medical negligence claim, which include - but are not limited to - the following:

• Misdiagnosis or delayed diagnosis: When a medical condition is wrongly diagnosed or missed by a doctor, it can lead to the incorrect treatment being provided, damaging the health of the patient.
• Inadequate treatment or care: Substandard medical care, such as inappropriate medication or failure to provide necessary medical treatment, can result in avoidable harm to a military service member.
• Surgical errors: Mistakes made during surgery, such as incorrect procedures or leaving surgical instruments inside a patient, can have severe long-term health consequences.
• Failure to obtain informed consent: If a military doctor fails to adequately inform a patient about the risks, benefits and alternatives to a proposed treatment, and the service member suffers harm as a result, this may be grounds for a medical negligence claim.
• Inadequate follow-up care: Poor postoperative care or a lack of appropriate monitoring and support during recovery can increase the risk of longer-term complications.
• Errors in prescribing medication: Prescribing incorrect medication, incorrect dosages or failing to consider potential drug interactions can have serious consequences for a patient's health.
• Failure to properly assess fitness for duty: If a military medic decides a service member can go into combat or assigns duties without properly evaluating their physical health, and this results in them suffering harm, it may be classed as medical negligence.

If you have experienced any of these failures of care in your treatment by the MoD or NHS, and have suffered harm as a result, you may have grounds to make a claim for medical negligence.

Why Should I Make a Military Medical Negligence Claim?

Dealing with an injury or condition caused by medical negligence while serving in the Armed Forces may have a lasting effect on your service career and day-to-day life. Losing access to your military salary and benefits because your career was terminated prematurely through downgrade and/or discharge, as a direct result of poor medical care, can have a serious impact on your long-term future.

As such, it is important that you receive appropriate compensation if you have suffered an injury due to the negligence of medical officers or another professional. Pursuing an Armed Forces medical negligence claim can be an essential step towards achieving justice, and securing compensation. 

A successful claim can provide financial compensation for any harm you have suffered, including physical and emotional pain, as well as the costs associated with lost earnings, pension, ancillary benefits that may be lost and your future care and treatment costs.

Additionally, a successful military injury compensation claim means the MoD can take the necessary steps to prevent similar incidents from happening in the future, improving their medical care standards and helping to protect your fellow service personnel from having to go through a similar experience.

While making a military medical negligence claim, you can also apply for compensation through the Armed Forces Compensation Scheme (AFCS). The AFCS is a no-fault scheme designed to compensate service members for injuries, illnesses or deaths caused by service-related activities. This compensation is separate from any medical negligence claim and can provide additional financial support during your recovery.

What Responsibilities Does the MoD Have?

The MoD has several duties in place to ensure the wellbeing and safety of military personnel. These responsibilities include:

• Duty of Care: The MoD has a legal obligation to provide appropriate medical care to service members, which includes maintaining high standards of treatment and ensuring that medical personnel are qualified and competent.
• Training and Supervision: The MoD is responsible for ensuring that military medical personnel receive adequate training and ongoing supervision to uphold the highest standards of care.
• Safe and Effective Equipment: The MoD must provide suitable equipment and facilities for the diagnosis, treatment and management of medical conditions affecting military personnel.
• Preventative Measures: The MoD has a duty to maintain policies and procedures that minimise the risk of medical negligence, including proper screening and monitoring of service members' physical and mental health.
• Investigation and Accountability: In cases of suspected military medical negligence, the MoD is responsible for conducting thorough investigations and holding responsible parties accountable, ensuring that appropriate compensation is provided to those who have suffered due to negligence.

Continuous Improvement: The MoD must continually review and improve its medical care standards, policies and procedures to prevent future instances of Armed Forces medical negligence, and to maintain the trust and confidence of service members and their families.