Ear, Nose and Throat Injury

Negligent treatment for ear, nose and throat issues can happen in several ways. Negligence refers to situations in which the standard of care provided by healthcare professionals falls below an acceptable level.

This may include:

• Errors in surgery
• Misdiagnosis or delayed diagnosis
• Postoperative negligence
• Inadequate treatment
• Lack of informed consent

Each case is specific, and negligence is determined based on whether the care provided met the standard expected of a competent medical professional in the same specialty under similar circumstances.

Providing evidence is an essential part of any compensation claim, including those for ear, nose and throat compensation. Here are some examples of evidence your solicitor may recommend you gather:

• Medical records
• Witness statements
• Financial records
• Expert medical evidence
• Photographic evidence
• Diary or journal entries

Your solicitor will guide you through the process of identifying and gathering any evidence you require, and will be able to do this for you in most cases.

Like any clinical or medical negligence claim, those related to ENT treatment are subject to a time limit. This is generally three years from the date the negligence occurred or the date you first became aware that you had suffered an injury due to negligence – often referred to as the ‘date of knowledge’.

However, there are some exceptions:

• For children, the three-year limit starts from their 18th birthday, giving them until the age of 21 to make a claim. Before then, a claim can be brought at any time
• For individuals who lack mental capacity, the time limit may not apply until the individual’s capacity improves. In cases where this does not happen, the time limit may not apply at all
• In the rare case that the negligence leads to a fatality, the family has three years from the date of death – or the date they became aware that negligence contributed to the death – to make a claim

Given the complexities and exceptions to these rules, you should seek expert legal advice as soon as possible to understand your options.

Our experienced solicitors will guide you at every step of your nose, throat or ear injury compensation claim, by explaining legal terms in a clear and concise manner and working tirelessly to secure the compensation to which you are entitled.

We have extensive experience in handling cases involving:

• Damage to the bones surrounding the eyes and skull during endoscopic sinus surgery
• Leaking of cerebrospinal fluid
• Undesirable effects of surgery, such as the permanent loss of smell, brain abscesses, nerve damage or meningitis, which can occur after a craniotomy
• Misdiagnosis of symptoms, which are confused with those of a less serious issue. In some cases, a misdiagnosis can be made on the basis that a blockage in the ear or pain in the throat are caused by less serious infections
• Nerve damage that occurred during surgery

You will be treated with the utmost care and respect. Our solicitors always take into consideration the pain and distress you are likely to have encountered due to negligence, and will support you during your claim so you can focus on your recovery.

Any compensation we secure will help you to rebuild your life, by covering any lost earnings you have suffered due to time required off work, paying for medical bills and transport to appointments, and providing for any other costs that you have incurred as a result of your injury.

Where possible, we handle claims on a no win, no fee basis.

The process of making medical negligence claims is complicated and you should not attempt it without the guidance of a legal professional. Work with the medical negligence solicitors at Ramsdens to give yourself the best chance of a successful claim.

Here is a general outline of what you may expect from the claims process, but be aware that each claim has unique circumstances and may play out differently:

1. Initial consultation: contact Ramsdens to discuss your case. We’ll review the details of your situation and provide an initial assessment of your claim
2. Evidence gathering: we will help you collect all necessary medical records, details of the procedure, and evidence of the injury you sustained and its repercussions on your life
3. Expert medical opinion: we’ll arrange for an independent medical expert in the field of ENT to assess your injury and provide a professional opinion on the care you received
4. Claim notification: the responsible party will be notified of your intention to claim compensation for medical negligence. We’ll do this on your behalf by sending a Letter of Claim. From here, we’ll handle any and all communications between you and the other parties involved
5. Negotiations: depending on how the other party responds, we will enter into negotiations. This will usually be with their insurance provider, and we will aim to reach a settlement that reflects the severity of your injury and losses
6. Court proceedings: if a satisfactory settlement cannot be reached, we will petition the Court to bring the case before a judge. We will represent you throughout the Court process and advocate on your behalf for fair compensation
7. Compensation: once a settlement is reached, or the Court awards compensation, we will ensure that the funds are secured for you

While we understand that the claims process can be stressful, we believe it is important that you get the compensation you need and deserve. In many cases, insurance companies will offer a settlement amount immediately, but this is usually done as a form of damage control for their client. As such, this will not necessarily reflect the true amount of compensation you need to cover your care.

At Ramsdens, we maintain a balance of pushing for the maximum compensation amount while paying attention to your need for a quick and efficient resolution.

ENT negligence claim compensation is typically paid by the insurance company of the healthcare provider or NHS trust involved in your case. Our aim is to ensure that the financial burden of the negligence you have suffered is lifted, allowing you to focus on your recovery and rehabilitation. In addition to this, under a no win, no fee agreement, your legal fees will only be due if we successfully secure compensation for you.