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Military Personnel – Clinical Negligence

If you have suffered a personal injury through clinical negligence, whilst a member of the armed forces, you may be able to claim compensation.  Contact The Legal Line now on 0800 032 8511 or by completing a claim enquiry form for specialist claim advice.

Military Clinical Negligence
Is a Clinical Negligence Claim Possible?
Compensation
Specialist Military Claim Advice

Military Clinical Negligence

As a member of the armed forces it will be important to you, as it would anyone, to be in good physical health.  Improper or inadequate medical treatment could compromise this and if you have suffered a personal injury or medical condition as a result of such treatment, you may be able to make a compensation claim in the usual way.

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Is a Clinical Negligence Claim Possible?

In cases of medical or clinical negligence, certain points must be established before a claim can be made.  Naturally, in this type of case, the person would already have been suffering from some form of illness or injury to begin with.  It is therefore important to clarify that the damage caused was definitely as a result of the actions of the medical practitioner.  In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

As with any claim involving a member of the armed forces, it may also be possible to pursue a separate claim through the Armed Forces Compensation Scheme (if you became aware of the problem after 6th April 2005), or the War Pension Scheme (if before 6th April 2005). 

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Compensation

There are two elements to a compensation award.  The first is for the pain and suffering you may have gone through and what is known as loss of amenity.  This is called general damages and can include an award for your inability to do things after the medical incident that you used to be able to do before, eg, wash your car, look after your garden, walk the dog, etc.  The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages.  It is important to keep receipts for any expenditure you have related to the medical incident, so that these can be reclaimed.  The aim is to put you back in a position financially as if the medical incident had never occurred.

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Specialist Military Claim Advice

It is always important that you seek specialist claim advice from an experienced personal injury solicitor.  The Legal Line has lawyers expert in claims against the Ministry of Defence, able to provide expert advice on whether a case can be pursued and on how best to do this.

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