Armed Forces Medical Negligence

Q: What can family arbitration be used for?

Family arbitration can be used to settle things like: Financial settlements following a divorce or civil partnership dissolution Agreeing child arrangements, such as maintenance, access, relocation, and custody Disputes over ownership of property between unmarried couples.

Q: What if out of court divorce doesn’t work?

Out of court divorce doesn’t work for everyone. If your ex-partner isn't honest about their financial circumstances, or isn't prepared to negotiate or make compromises, it may have to go to court where a judge will make the decision for you.

Members of the armed forces work in testing and dangerous environments. If you're injured, it's crucial that the medical care provided is of the high standard you deserve.

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Choosing the right services for you

If you've suffered as a result of medical negligence in the field or in another military setting, our solicitors may be able to help you claim compensation.

All too often, cases of armed forces medical negligence aren't reported, which could mean that the medical officers, doctors or nurses responsible are not held to account and can make the same mistakes again. By making a successful 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.

Medical negligence is when a healthcare professional fails to meet an acceptable standard of care, resulting in an injury, illness or loss – whether this is making an existing condition worse, or causing a new condition.

If you’ve suffered as a result of medical negligence while serving in the Army, Navy, RAF or Special Forces you may be able to claim compensation. You could also claim if you experienced negligence while serving in the Army Reserve (formerly the Territorial Army), Navy Reserve or RAF Reserve.

We have a proven track record in handling military medical negligence claims and approach every case with care and sensitivity. We also work with a number of Armed Forces welfare branches to ensure we're expertly placed to handle your claim.

Meet an expert from our medical negligence team

We have the largest medical negligence team in the country, many who have an armed services background and experience with issues unique to service-related claims

Julianne Moore

Partner

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Julianne Moore

Partner

Find out more

Speak to a specialist

We are here to help you understand your rights and the support you need. Complete our enquiry form and one of our experts will contact you by the next working day.

Alternatively, you can call us now.

Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).

Call us free on 0370 1500 100

What's the process for an Armed Forces medical negligence claim?

To make a compensation claim for medical negligence, the first thing you need to do is get in touch with us for a free initial consultation. We'll discuss the circumstances surrounding your injury and treatment, advise you on whether or not we think you can claim, and whether you could benefit from a No Win No Fee* arrangement.

Investigation
We’ll contact you with a few questions
If your claim is against an armed forces medical practitioner, we'll begin by forensically getting in your notes and records (namely your FMed4 and FMed9) to start investigating the case. We’ll also let the Ministry of Defence know that we are investigating your claim. If your injury occurred at a civilian hospital, we'll determine who you'll need to claim against.
Compensation
We'll work out how much compensation you should get
Based on the severity of your injuries and your pain and suffering, any medical expenses you've had and your ability to get back to work. Obviously, we’ll look in detail about how you are going to be affected in the future as a result of the poor care and how this translates into financial compensation. We'll put this amount to your opponent, and they can either accept liability or contest the claim.
Conclusion
You'll be awarded compensation
If your opponent accepts blame, you'll get compensation. If not, court proceedings will begin. This involves having formal documents prepared, often by a barrister. Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court take over the management of you case, setting strict timetables for the exchange of documents, witnesses evidence and expert reports. If you do have to go to court, we'll be there to support you every step of the way.
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Frequently Asked Questions

Making a claim for compensation can be daunting, particularly when your claim is being made against the Ministry of Defence. We have a proven track record of successfully making military compensation claims against the MoD, thanks to our extensive armed forces expertise. Many of our lawyers working on military cases are former armed forces personnel, so we understand the concerns that our clients have perfectly. We've worked to secure compensation for service personnel injured in Iraq, Afghanistan, Sierra Leone, Canada, Germany and Kenya, as well as at home in the UK, and we approach every case with care and sensitivity. We also have a wide-ranging experience in medical negligence claims, both for military personnel and civilians, handling more than any other law firm in the country.

Can I challenge benefits decisions?

Out of court processes are quicker, cheaper, and much less stressful.

They can also feel a lot less confrontational. Often, you will be sitting together in a room (or Zoom call) instead of facing each other across a courtroom. A mediator’s job is to help you find common ground – however impossible that might feel at the start.

Reaching a peaceful situation more quickly can have lots of benefits for any children, too – helping you all get on with the “new normal” as soon as possible.

What if my ex-partner doesn't cooperate?

For mediation or arbitration to work, you and your ex-partner both have to be:

Willing to negotiate and reach an agreement
Honest about your financial circumstances and needs.

If your ex-partner is resistant, we can have a conversation with them about how it will benefit them too (in terms of cost, time, and any future coparenting relationship). If they still won’t cooperate, it may escalate to solicitor negotiation and court proceedings.

If you are worried about seeing your ex partner, you might be able to use ‘shuttle mediation’, where you sit in separate rooms and a mediator goes back and forth between you.

What can family arbitration be used for?

What if out of court divorce doesn’t work?

What are the benefits of out of court divorce?

There are many benefits to mediation, collaboration, and arbitration, including:

Speed: An out-of-court divorce is typically completed within six months, where the court process can take up to two years
Lower cost: Less time spent on the case means lower solicitors' fees, and you won't have to pay for your case to be considered by a judge
Lower stress: Out of court divorce can be less confrontational, and help minimise stress for your children
A better working relationship with your ex-partner: Settling out of court can lay the foundations for a good working relationship in future
Flexibility: These processes have a lot more flexibility and can fit around your life – rather than you waiting for dates and attending hearings
Privacy: Arbitration is completely private, which makes it useful for those in the public eye.

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