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Military Claims

Military Post Traumatic Stress Disorder Claims

Post-Traumatic Stress Disorder (PTSD) is a condition our military claims team see in a substantial number of service personnel. Read on to learn what’s involved in making a claim. 

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Along with other mental health issues such as depression, anger management problems or alcohol dependency, PTSD often results from extraordinary and extreme situations and experiences. 

If you or a loved one has been affected by PTSD, please get in contact with us now for confidential advice about making a claim. We usually work on a no-win, no-fee basis. 

PTSD symptoms 

The symptoms of PTSD vary enormously from person to person. One individual might seem withdrawn, while another can become extremely angry or violent at the slightest provocation. 

Some people have frequent flashbacks, and others deny there is anything to remember. It can take many sufferers a long time to realise that they have been affected at all. Visit our symptoms page to see a list of problems that can indicate a person may have PTSD. 

Types of compensation 

When mental health problems are as a result of enemy action, carers or employers may well encourage a service man or woman to apply for compensation through the Armed Forces Compensation Scheme (AFCS). 

A claim can still be made to the AFCS if PTSD was caused by some other service-related activity such as an accident at work or bullying. 

If there has been negligence or deliberate harm involved in the case, you should also consider bringing a claim for negligence. 

Time limits apply to both types of claim, and both can be made during service. Failing to make a negligence claim until discharge can mean that the claim will be out of time. See our military claims page for more information about time limits. 

Negligence and PTSD 

It is normal to be troubled by the experience of combat or working in a war zone. However, a person’s reaction to these events can be so intense and long-lasting that it becomes a health issue. 

Her Majesty’s Forces have recognised this and have done a lot in recent years to encourage the chain of command to be alert to signs of PTSD. For example, theyve instructed commanders to take note if a person is drinking more or has a series of disciplinary problems that are out of character. 

Unfortunately, our team still hears about unsympathetic, or simply unobservant, commanders telling sufferers to “have a pint and get over it”, instead of referring them to the medical centre for an assessment. 

We also hear about doctors or other health professionals who are less alert than they should be to the possibility that a patient may have PTSD and either dont consider it or fail to follow up treatment plans. 

Other causes of negligence 

We’ve helped many clients with PTSD that has been caused or made worse by circumstances such as: 

  • Bullying and assault 
  • Rape and other sexual assault 
  • The chain of command failing to take account of out-of-character behaviour 
  • Medical Employment Standard restrictions not being observed; for example, a service man or woman has been deployed with the limitation they should stay on camp, but the commander has insisted they are needed on patrol 
  • A person being deployed for combat against medical advice 
  • Medical staff not having instituted any programme of treatment because the service man or woman, though ill, does not “tick all the boxes” for PTSD 
  • A need for treatment has been identified but not followed through 
  • Personnel who have self-harmed or attempted suicide after being returned to full duties without seeing a consultant psychiatrist 
  • Non-attendance at treatment sessions has been approached as a disciplinary matter 
  • The wrong medical grading has been given, or a failure to downgrade somebody already suffering from mental health issues, has meant deployment and further exposure 

 

Another relatively common situation is that the Vulnerable Service Leavers procedures have not been followed. Those procedures require a service man or woman with PTSD or other serious mental health conditions to be given a package of support after discharge, including housing, employment and social welfare support. 

There should also be a clear link-up with NHS service providers, to prevent the service leaver being left without the right care. Failure here can result in family problems, homelessness and long-term unemployment. 

Contact our dedicated solicitors to discuss your claim further in complete confidence. 

Settlement for delayed diagnosis of PTSD

We investigated a clinical negligence claim for delayed diagnosis of PTSD for our client who felt ‘like a different person’ after returning from deployment to Afghanistan. He was seen by a CPN where red flag symptoms of PTSD were noted, but without referring him to a psychiatrist. Our expert’s medical report confirmed that had our client been referred, he would’ve been diagnosed with PTSD and given treatment. We were able to negotiate a settlement early on, protecting his future entitlement under the AFCS scheme and helping to fund his treatment.

More Success Stories

Meet our Military Claims Team

Victoria Sedgwick
Senior Solicitor – Part of the Military Claims Team
Gaggan Mawi
Associate – Part of the Military Claims Team
Hannah Swarbrick
Associate – Part of the Military Claims Team
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