Ear Nose & Throat Claims – Medical Negligence Law

An ENT medical negligence claim arises in circumstances where a patient suffers harm due to a standard of care that fell below par and this occurrence is what has caused the harm to the patient.

Evidently most care in a hospital setting is appropriate, but there are standards which must be adhered, set in place for a reason, and these go awry, patient safety suffers.

Surgery for ear, nose, and throat can cover a range of medical procedures, but sometimes things can go wrong, and where the fault was because of negligence, evidently a medical negligence legal action can arise.

Samples of causes of such legal actions are:

• Misdiagnosis and late diagnosis of ear, nose and throat conditions
• Ear, nose and throat surgical errors
• Injury to facial nerves during surgery
• Eye injury during surgery
• Loss of hearing following surgical errors
• Impaired sense of smell & taste following surgery
• Vocal cord damage
• Brain injury during Ear, Nose and Throat surgery
• Loss of hearing
• Nerve damage to the face

Time Limits

At the outset of any possible, case the way to proceed is to have the matter assessed in order for strengths or weaknesses of the case to be identified.

Early assessment of this type of legal action is important purely from a time perspective. It can take so long to get medical records at the outset.

Your solicitor will need medical records and will assist you obtaining same. After these are obtained, your solicitor will need to get an independent medical expert to give his/her opinion on the procedure done, whether it was necessary or was there an alternate treatment that could have been used, whether in the expert’s opinion the work carried out on the patient fell below the expected standard.

Legal proceedings commenced can include loss items sought for the pain and suffering, medical expenses, loss of earnings, any future care costs if relevant.

Legal Processes

If negligence arises resulting in harm, court proceedings can evidently arise.

Mediation as a dispute resolution vehicle can be very effective though, as the legal advisors involved will likely have done many of these previously and if there is a positive attitude at these meetings, they can be very effective.

Any damages for pain and suffering in such a legal action is determined by the injury involved, duration of same, level of pain, effect on ones life etc. Qualify of life is important.

Damages fall into two groups, namely:

1. General Damages: This is for the actual pain and suffering arising from the injury to date, and if relevant, any such suffering that will continue into the future.
2. Special Damages: This relates to actual loss and expenses incurred from the accident.