Can I Claim Compensation for Medical Negligence from a Military Doctor?

Steven Horsley
Author:
Steven Horsley
Head of Military Claims
Date:
18/08/2021

Yes. Military doctors have a duty of care to their patients, and must make sure service personnel are fit to carry out the duties they’re asked to perform.

Military doctors have the same obligation as any consultant, GP or other healthcare professional, and must meet the same standards as any member of the NHS that a member of the public would see.

So if you present with a symptom, it should be checked out in exactly the same way, you should be given informed choices about potential treatment decisions, and you must told why certain decisions have been made.

That means that if you suffer a knee injury in a training exercise, for example, it should be examined and properly scanned within a reasonable time.

Otherwise, there’s a chance that a serious injury could be missed and it might get worse if you return to duty. And if that happens, your condition could get so bad that you have to be discharged on medical grounds, and it could reasonably be said that your doctor breached their duty of care.

Duty of Care

The expression “duty of care” might sound unusual when you’ve signed up for a profession that inevitably carries some element of risk. But the fact that your job is hazardous by its very nature doesn’t mean the Ministry of Defence (MoD) shouldn’t do all it can to keep you safe - and that includes providing adequate medical care.

So if the standard of care you received from a military doctor fell below what you’d expect, and you’ve suffered as a result of mistakes they made, you could claim compensation.

This can help you recover any lost earnings and, crucially, get any care, support and rehabilitation you may need, so you can rebuild your life.

We understand that reaching out for help can seem daunting, particularly if you’re thinking of claiming against your employer. But our Military Claims Solicitors are experts in this area of law, and have a strong track record of helping our clients get the compensation and support they need.

Call us for a free claims assessment and we’ll be happy to speak with you about your situation and how we can help you.

The Consequences of Medical Negligence

Medical negligence by a military doctor can have a devastating impact on your life, depending on the nature of what mistakes were made.

Many of the service personnel we’ve helped have experienced terrible consequences after mistakes made by healthcare professionals, including:

  • Permanent disabilities
  • An existing injury getting worse, possibly because your doctor didn’t take your previous medical conditions into account when treating you
  • Psychological symptoms, including depression, anxiety and PTSD

Why Do Medical Mistakes Happen?

There are many reasons why service personnel can be affected by medical negligence, such as:

  • Surgery not being carried out to the required standard
  • Inadequate record keeping
  • Misdiagnosing an illness or injury, or diagnosing it too late
  • Not communicating effectively with senior officers, so personnel are put under too much strain and an existing injury gets worse

What Can I Claim Compensation For?

If you’re claiming medical negligence compensation, you can claim for:

  • The pain and suffering you’ve gone through
  • Any physical or psychological treatment you need
  • Medical fees
  • Travel expenses
  • Lost earnings, both past and future
  • Specialist aids and equipment, such as mobility aids
  • Any other expenses you’ve accrued because of the medical negligence

Our aim is to help you back into the position you’d have been in had the medical negligence not happened, and if you’re no longer able to go back to work in the Armed Forces, put you in a place where you can start to rebuild your life.

Contact our expert Military Claims Solicitors to discuss claiming compensation and we’ll let you know straight away if you have a good chance of making a successful claim.

For free legal advice call our Military Personal Injury Solicitors

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