Armed Forces Medical Negligence

ArmedForcesMedicalNegligence

If you or someone that you love has been affected by armed forces medical negligence, then our expert solicitors can help you to get the compensation that you need.

What is armed forces medical negligence?

It is understandable that most people would assume that to be injured in the armed forces is an occupational hazard. However, medical care and dental support services are provided to service personnel (including the Navy reserve and RAF reserve) through the Ministry of Defence Hospital Units (MDHU). These are military healthcare facilities that are embedded within a civilian hospital or National Health Service hospital.

These are based at:

  • Frimley Park Hospital, Frimley, Surrey
  • Queen Alexandra Hospital, Portsmouth
  • Derriford Hospital, Plymouth
  • Queen Elizabeth Hospital Birmingham
  • James Cook University Hospital, Middlesbrough
  • John Radcliffe Hospital, Oxfordshire
  • Queen Victoria Hospital, East Grinstead

The Ministry of Defence (MoD) is also responsible for the Royal Centre for Defence Medicine at Queen Elizabeth Hospital (QEH) in Birmingham. These hospital units are fully integrated with civilian staff but wear their uniforms as they are military doctors.

Because the MoD has its own medical facilities, this means that it is possible to take out a claim for medical negligence specifically against them.

What is medical negligence defined as?

When thinking about a medical negligence armed forces claim, understanding the legal definition of clinical negligence is helpful. The standard of medical care should always be upheld, regardless of the situation. Medical negligence is defined as any scenario in which a medical professional has failed to uphold their duty of care towards their patient. Generally, medical negligence is decided by the ‘4 D’s.’ These are:

  • Duty

If a healthcare provider and patient relationship existed, then they owed a duty of care to look after you for the duration of your treatment. If you have come to harm due to their incorrect actions, then they have breached their duty.

  • Dereliction

This is when the patient neglect has occurred and there has been a deviation from the acceptable standards of care.

  • Direct Cause

This is the specific action or inaction that has caused the harm or injury to the patient. Direct causes can include incorrect operations, misdiagnosis, incorrect prescriptions, leaving a medical item inside a patient or causing avoidable scarring or disfigurement. Military medical malpractice is considered in the same way as standard medical malpractice.

  • Damages

These represent the physical, psychological and financial impact that the direct cause of medical harm has had on the patient’s life. Damages will be calculated based on injury compensation guidelines set by the Judicial College, which is part of the Ministry of Justice.

Members of the armed forces often receive medical care in a hospital. It should always be of the highest standard and should never lead to avoidable illness or loss of life. However, if you have suffered from a negligence case, then our specially trained solicitors can help you to get the compensation that you need moving forward. Years of experience puts them in the best possible position to assist you throughout your case. All our work is offered on a no win no fee basis, but time limits do exist on making a claim, so you should get in touch as soon as possible.

Read more on our military injury compensation claims page.

Read more on our military accident claims page.

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