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Military Claims

Other Military Claims

Elsewhere on this website we’ve covered some specific ways in which claims on behalf of service personnel can arise. Below, we’ve covered further types of claims to account for the fact that injuries in military life can and do happen in unexpected and unusual ways:

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Assault

Bullying and harassment are not always verbal. Some of our clients have been physically and sexually abused. Every assault that happens represents a shocking breach of trust – in every instance by the perpetrator, but sometimes by the chain of command too. The claim would usually be against the assailant, but it is often against the Ministry of Defence.

Negligent misstatement

If a doctor working for the Forces agrees to treatment which doesn’t cause any physical harm but makes it impossible for you to continue serving in the military, there will be a possible claim against the MoD and/or the doctor for losses relating to the premature ending of your career.

Chronic Compartment Syndrome

This is an inflammation of the muscle inside the walls that divide it and is brought on by overuse. Effective treatment exists but if a military doctor fails to recognise it, the result can be that the serviceman or servicewoman is discharged because they can’t seem to get fit. Chronic compartment syndrome is unusual in civilian life but not unusual in the military.

Delayed diagnosis of cancer

Military Medical Officers have the same duty to recognise the signs of early cancer as civilian GPs. Regardless of whether a person is a member of the services or a civilian, if he presents with a testicular lump, for example, and this “ticks the boxes” for an urgent referral, that referral should be made.

 

Million pound settlement for solider who suffered shrapnel injuries

He came to us having received a small payment under the Armed Forces Compensation Scheme, which he felt had not properly compensated him for his injuries. Our client suffered life-changing orthopaedic injuries as well as significant damage to his hearing. Multiple expert reports had to be obtained and employment evidence was needed to work out his substantial claim for loss of earnings, pension and employment benefits. The Ministry of Defence accepted that they were at fault for our client’s injury and a settlement was reached which took into account all of our client’s financial loss, including payments to cover treatment, aids and equipment.

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