What is medical negligence?
Medical negligence in the military is simply when the appropriate medical personnel does not perform at the standard of care required or also fail to acquire the appropriate consent before treating someone. At time the appropriate regulations may not be met by army superiors which can have devastating results to the injured individual.
Injuries surrounding army personnel require a high level of attention based on the nature of their occupation and failure of meeting these standards have to be scrutinised considering how damaging it can be.
We can cover a variety of medical negligence claims in the military including:
- Misdiagnosis: Failure to diagnose conditions common in military settings, such as traumatic brain injuries and head trauma, which can have long-lasting effects.
- Spinal Cord Injuries: Damage to the spinal cord resulting from negligence can lead to paralysis and other life-altering consequences.
- Fractures and Orthopaedic Injuries: Inadequate treatment of broken bones and orthopaedic injuries can require extensive medical care and rehabilitation.
- Improper Surgical Procedures: Mistakes during surgery or inadequate postoperative care that result in complications or prolonged recovery.
Call today on 0161 359 3719 to get your no win, no fee claim started.
Why make a claim with TDS Law?
Have you made a claim with the Armed Forces Compensation Scheme (AFCS)?
If you have made a claim with the AFCS do not worry. You are still eligible to make a claim with us even if the settlement by the AFCS was not in your favour.
Why can’t you make a claim if you left the British Army before 1987?
Before 1987, there was a legal rule called “Crown immunity” that protected the Ministry of Defence (MOD) from being sued for personal injury claims brought by military personnel. This meant that if you suffered from any injuries or disease while serving in the military before 1987, you couldn’t file for a claim against the MOD because they were immune from such lawsuits.
However, in 1987, a new law called the Crown Proceedings act was passed, which essentially removed this immunity. This change allowed military personnel to seek compensation for injuries they suffered while serving.
So, if you’ve experienced medical negligence during your military service before 1987, unfortunately, you won’t be able to make a compensation claim because the MOD was protected by this legal immunity at that time.
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We understand that each case is unique, and our experienced lawyers work closely with our clients to ensure that we provide the best possible legal representation.
F&Q’s.
Are you uncertain about making a military negligence claim? See further common questions below.
The majority of cases we take are resolved out of the court. We handle all the difficult parts for you and gather all the evidence needed for your case to get you the compensation that you deserve.
You won’t incur any costs upfront. Our services are no-win, no-fee, meaning you only pay a percentage if your claim is successful, making it financially risk-free for you.
Whether or not you are eligible to make a military compensation claim will depend on the specific circumstances of your case. In general, you may be able to make a claim if you have developed an illness or condition as a result of your work, and your employer has failed to adequately protect you from the risks associated with your job.
Some common types of Military Compensation Claim include, noise-induced hearing loss claims, Personal Injury claims, Military Medical Negligence claims, Non-Freezing Cold injury claims, Road Traffic Accident claims and Parachute/Aviation Injuries claims.
Please note that, due to crown immunity, the Ministry of Defence (MOD) was protected from personal injury claims brought by military personnel before 1987. As a result, unfortunately, you won’t be able to make a compensation claim for these incidents.
To determine whether you are eligible to make a claim, it is important to consult with our experienced Industrial Disease lawyer who can review the details of your case and advise you on your legal options. They will be able to assess the strength of your claim and help you understand what compensation you may be entitled to.