Solidier’s settlement win after post traumatic stress disorder battle with Ministry of Defence
Colemans have helped a former soldier who suffers from Post Traumatic Stress Disorder (PTSD) win his battle with the Ministry of Defence over whether he brought his claim for compensation in time.
With possible implications for both serving and former soldiers, the former bomb disposal expert won an out of court settlement with the Ministry of Defence who originally argued he hadn’t brought his claim in time. He was claiming for negligence on the part of the MoD for failing to properly diagnose and treat his Post Traumatic Stress Disorder (PTSD).
The soldier (who does not wish to be named for security reasons) was involved in a car accident in 2004 that caused his condition to seriously deteriorate. The MoD argued that he had not brought the case in time because he had been tested for PTSD in the late 90’s and only had three years to make a claim for negligence. His solicitor, Claire Roantree, Head of Serious Personal Injury at Colemans-ctts, argued, however, that the Army’s failure to properly diagnose and treat his Post traumatic Stress Disorder until June 2004 meant the soldier was in time to make a claim.
Following the settlement the former soldier spoke for the first time about his ordeal:
“I feel that treatment or at least monitoring may have prevented my eventual breakdown and I would have remained a valuable asset to the military, especially in the present climate of operations. I can only hope that others in my situation, ex and still serving, who seek help or are suffering from PTSD receive the treatment they need and deserve to rehabilitate or assist them in their lives, not only for their sake but also their loved ones.”
Having joined the Army in 1984, the claimant served tours in the Falkland Islands, Northern Ireland, The Gulf War, Bosnia, Nigeria and Sierra Leone. He carried out duties including bomb disposal and dealing with terrorist incidents and there aftermath.
Having undergone psychometric testing in 1998 and 1999 he was cleared by a Senior Army Psychiatrist for operations though was asked to appear in a training video about PTSD and its symptoms.
In 2004 he sought help from the Army medical centre and it was only after being seen by a Civilian Consultant Psychiatrist in June 2004 that he was formally diagnosed as suffering from PTSD and was immediately recommended to undergo Cognitive Behavioural Therapy.
Unfortunately just two weeks later, and before he was able to commence treatment, the Claimant was involved in a car accident that led to such a severe deterioration in his PTSD symptoms he was medically discharged from the Army and was unable to return to work.
Medical evidence showed that he would not have suffered such serious a serious deterioration in his symptoms had he been monitored and treated when initial tests were done in 1998-1999 and that the MOD’s failure to formally diagnose and thereafter monitor and treat the condition made him more vulnerable to future stressful events.
The Ministry of Defence put forward that the soldier had knowledge of his PTSD from the tests in 1998-1999 and that limitation (the time allowed to make a claim) of three years had expired. It was argued by Colemans-ctts that his time to bring a claim instead started from June 2004 because this was the date he was formally diagnosed and told that he could and should have already received treatment.
His solicitor Claire Roantree said: “I am extremely pleased for my client that this case has finally settled and he can get on with his life. The case highlights the potential liability of military Psychiatrists and officers when signs of PTSD appear and their joint responsibility in ensuring that Army personnel are properly monitored and treated.
She continued, “PTSD is unfortunately still a taboo subject in the Army and I hope that this case serves to remind the MoD that they have a continuing duty of supervision and monitoring.”
