YOU MAY HAVE A CLAIM FOR COMPENSATIONMilitary Medical Negligence ClaimsIf you have suffered an injury as a result of medical negligence while in service, you may be able to claim compensation. Your case will be reviewed by our panel of legal firms who will be able to tell you how much you could be owed. Start claim Home E Personal Injury E Military Injury E Military Medical NegligenceOverview of military medical negligence claimsMilitary medical negligence claims refer to legal claims made by military personnel or their families against the government or the Ministry of Defence (MOD) for medical negligence. These claims arise when a service member has been injured or suffered harm due to negligent medical care provided by military healthcare providers or facilities.In this section› Military Medical Negligence Claims› Claim overview› The criteria needed to qualify› The legal argument for the claim› The evidence you need› A guide to compensation amounts› Claim duration› Common questionsCriteria needed to qualify for a military medical negligence claimTo qualify for a military medical negligence claim, there are several criteria that need to be met. Firstly, the claimant must have received medical care from a military healthcare provider or facility. Secondly, the claimant must have suffered harm or injury due to the negligence of the healthcare provider or facility. Thirdly, there must be a direct link between the harm suffered by the claimant and the negligent medical care received.Did you know?The injury rate in the British Army was 51.8 per 1,000 people in the years 2021-22 Legal argument for a military medical negligence claimThe legal argument for a military medical negligence claim is based on the principle of medical malpractice. Medical malpractice is a type of negligence that occurs when a healthcare provider fails to provide the appropriate standard of care, which results in harm or injury to the patient. In the case of military medical negligence claims, the legal argument is that the healthcare provider or facility has breached their duty of care towards the service member, resulting in harm or injury.Key FactsTo qualify for the Armed Forces Compensation Scheme, you must make your claim within 7 years of the cause of your injury, the date your existing injury became worse, the date you first sought medical medical advice for an injury or the date you were discharged.The evidence needed to support the claimTo support a military medical negligence claim, there needs to be sufficient evidence to prove that the healthcare provider or facility was negligent. This evidence can include medical records, witness statements and expert opinions. Medical records can provide important information about the treatment that was provided and whether it was appropriate for the condition that the service member was suffering from.Witness statements can provide additional information about the care that was provided and any concerns that were raised. Expert opinions can be provided by medical professionals who can assess whether the care provided was appropriate and whether any negligence occurred.In addition to proving negligence, there also needs to be evidence to prove the link between the negligence and the harm suffered by the service member. This can be more difficult to prove, as it requires demonstrating that the harm would not have occurred if the appropriate standard of care had been provided. However, expert opinions can also be used to demonstrate this link.Did you know?The 5 most common medical negligence claims are medical misdiagnosis, surgical negligence, prescription errors, hospital negligence and wrongful deaths.A guide to military medical negligence claim amountsThe amount of compensation that military personnel or their families may receive in a medical negligence claim depends on the nature and extent of the harm suffered. Compensation may be awarded for various types of losses, including:Pain and sufferingCompensation for physical pain and emotional distress caused by the negligence.Loss of earningsCompensation for past and future loss of earnings resulting from the negligence.Medical expensesCompensation for medical costs resulting from the negligence, including the cost of future treatment and care.Adaptations to the homeCompensation for any adaptations needed to the home as a result of the negligence.Key FactsIn addition to individuals who are serving or have served in the Army, Navy, Special Forces and RAF, you can also make a claim if you are serving/have served in the Navy Reserve, RAF Reserve and Army Reserve (formerly the TA).Other expensesCompensation for any other expenses resulting from the negligence, such as travel expenses or the cost of specialist equipment.The amount of compensation awarded will vary depending on the specific circumstances of the case. In some cases, compensation may be awarded in the hundreds of thousands or even millions of pounds.To ensure you receive the full compensation you deserve, it is beneficial to partner with the right legal team who have experience handling military medical negligence claims. For help finding the right legal representation, contact a member of the Claims Bible team.How long do military medical negligence claims typically take?Military medical negligence claims can take a significant amount of time to resolve. The timeline for these claims varies depending on the complexity of the case, the amount of evidence involved and the cooperation of the defendant. On average, these claims can take anywhere from a few months to several years to reach a conclusion.The first step in the process is to file a claim with the appropriate military authority. Once the claim has been filed, it can take several weeks or even months to receive a response. If the claim is denied, the claimant can appeal the decision, which can add several months to the process.If the claim is accepted, the parties will enter into settlement negotiations. This process can take several months as the parties work to come to an agreement on the amount of compensation that will be paid. If a settlement cannot be reached, the case will proceed to trial, which can take several years to complete.Summary of the claim processThe claim process for military medical negligence claims is complex and can be confusing for those who are not familiar with the legal system. If you would like help finding the right legal representation, Claims Bible can help.The following steps are involved in the claim process:Filing the claimThe first step in the process is to file a claim with the appropriate military authority. The claim should include a detailed description of the injuries or harm suffered as a result of the medical negligence, as well as any supporting documentation.Review of the claimOnce the claim has been filed, it will be reviewed by the military authority. The claimant will be notified of the decision, which can take several weeks or months.AppealIf the claim is denied, the claimant can appeal the decision. The appeal process can take several months and may involve additional documentation or evidence.Settlement negotiationsIf the claim is accepted, the parties will enter into settlement negotiations. This process can take several months as the parties work to come to an agreement on the amount of compensation that will be paid.TrialIf a settlement cannot be reached, the case will proceed to trial. The trial can take several years to complete and will involve testimony from medical experts, as well as other witnesses.Common questionsWhat is military medical negligence?Military medical negligence refers to a situation where a healthcare professional within the military, such as a doctor, nurse or medic, provides substandard care or fails to provide appropriate treatment to a military service memberWhat are some examples of military medical negligence?Examples of military medical negligence may include misdiagnosis or delayed diagnosis of a medical condition, errors in medication administration, surgical errors, failure to provide necessary medical treatment, and failure to properly monitor a patient’s condition.For more common questions, please refer to the specific claim pages or read our general FAQs page.
