Medical negligence
Can you sue the military for medical negligence?
Military medical negligence is complicated, and you may have concerns about your career following a claim. Our experts explore military medical negligence claims and share how you could be better off.
The UK defence journal has reported a significant rise in injury rates among UK Armed Forces personnel, increasing from 43 per 1,000 in 2019/20 to 69 per 1,000 in 2023/24. Training and exercises remain the most common cause of injuries, accounting for 61% of those reported.
The demands of military training can sometimes cause injury or illness, especially when the training exercises are used to simulate situations a person could find themselves in when in the field. Due to this risk, the medical facilities and the treatment provided must be of a high standard. Unfortunately, this is not always the case.
What happens if I am injured or made ill due to military medical negligence?
There are several types of military medical negligence claims, including:
- Medical treatment or procedures that resulted in psychological damage
- Surgical errors
- Missed or delayed diagnosis
- Care that caused permanent disability, where medical negligence left a person with a permanent or long-term injury that lowers quality of life
- Errors with prescribed medication
- Care that exacerbated existing injuries – for example, if a doctor failed to consider previous medical conditions and took action that led to them becoming worse
If you have suffered as a result of military medical negligence in any of the above forms, you may be able claim for compensation.
Can injury through military medical negligence affect my career?
Injuries and time off to heal from them can impact your career in some ways, however making a claim for compensation due to an injury caused by military medical negligence will not.
The Ministry of Defence (MOD) and the government understand and respect an individual's right to compensation regarding military medical negligence. This right was established by the Crown Proceedings (Armed Forces) Act 1987 which removed the Crown's immunity from being sued for negligence.
It means that the military or MOD cannot treat you any differently if you make a military medical negligence claim. For instance, they cannot limit your career’s progression or discharge you from the military purely on the grounds that you made a claim.
How do I know if my injuries have been caused by medical negligence in the military?
To determine if your military-related injuries were caused by medical negligence, you need to evaluate if the care you received fell below the expected standard and if that substandard care directly led to harm. Establishing causation can be difficult, which is why having a specialist solicitor can help. We can access medical professionals for a second opinion to evaluate your case.
If you have been harmed by medical negligence from a military doctor, officer, nurse, or other health professional while serving in the British Armed Forces, you may be entitled to claim compensation.
Why should I make a military medical negligence claim?
By making a military medical negligence claim, you are not only compensated financially, but our lawyers can help you make sure that any mistakes are highlighted so that none of your colleagues suffer in the same way.
Our experts will ask you a few questions to determine the circumstances of your case and your injuries and will be able to tell you straightaway whether you have a claim. Through your claim, our team is on hand to support you and your family from start to finish.
To start a military injury claim, speak to our industry-leading military injury lawyers on [[callbackhumber]] or get in touch online.
