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ENT Negligence Compensation Claims
Last Updated on May 20, 2025 by tanya
ENT Negligence Compensation Claims
How to File a Medical Negligence Claim
ENT negligence compensation claims are filed if surgical errors or poor medical care results in harm to a patient. Most ENT (ear, nose and throat) procedures are carried out safely and competently, but occasionally things can go wrong.
You generally have three years from the date of the incident, or the date you became aware of the injury, to file a claim. The aim of compensation is to put your life back (as far as possible) to where it was before the injury happened.
If this has happened to you or a loved one, pursuing a clinical negligence claim may help you secure financial compensation for the road ahead.
First Personal Injury partners with lawyers who offer a ‘No Win, No Fee’ option and we may be able to help.
What Is ENT Surgery Negligence?
ENT surgery negligence occurs when a healthcare provider fails to meet the required standard of care during diagnosis, treatment, or surgical intervention. In addition, this results in avoidable injury or harm. Common ENT surgeries include:
- Tonsillectomies
- Sinus surgeries
- Septoplasty (nasal surgery)
- Otoplasty (ear reshaping)
- Cochlear implants
- Thyroid surgery
Errors in these procedures can have serious consequences.
Common Causes of ENT Surgical Negligence
There are multiple ways in which negligence may occur before, during, or after surgery. Here are some of the most frequent causes:
- Misdiagnosis or delayed diagnosis
- Surgical errors (e.g., damage to surrounding nerves or tissues)
- Anaesthesia errors
- Infections due to poor post-operative care
- Failure to inform patients of risks (lack of informed consent)
- Foreign objects left in the surgical site
- Operating on the wrong site or incorrect procedure
Potential Injuries Resulting from ENT Surgery Gone Wrong
When ENT surgery is performed negligently, it can result in various physical injuries, including:
- Nerve damage: Leading to facial paralysis or loss of sensation
- Hearing loss: If middle or inner ear structures are damaged
- Breathing difficulties: From nasal obstruction or septum damage
- Scarring or disfigurement: Particularly from ear or nose surgeries
- Chronic infections: Due to poor hygiene or incomplete removal of infected tissues
These injuries may have a profound effect on day-to-day living, employment, and personal relationships.
Do I Have Grounds for a Medical Negligence Claim?
To file a successful medical negligence claim, your case must meet three important criteria:
- Duty of Care
The healthcare professional owed you a legal duty of care. Generally, this is automatically established when you receive treatment, including through private medical providers.
- Breach of Duty
You must prove that the care you received fell below the standard expected of a competent medical professional in that field.
- Causation
You must demonstrate a direct link between the substandard care and your injury, which is known as causation. If the harm would have occurred regardless of the medical professional’s actions, your claim may not be successful.
How to File a Medical Negligence Claim
Here’s a step-by-step guide to help you through the process of making a surgical negligence claim:
Step 1: Seek Immediate Medical Help
Firstly, ensure your health is stabilised. Visit another specialist if you suspect surgical complications. Your recovery and ongoing treatment should always be your priority.
Step 2: Gather Evidence
Start collecting all relevant documents and information which you may need, including:
- Medical records
- Surgery reports
- Photos of injuries or scarring
- Witness statements (e.g., from family members)
- Any correspondence with healthcare providers
Step 3: Contact a Medical Negligence Solicitor
Find a solicitor who has experience in medical negligence. Many law firms offer no win, no fee arrangements, meaning you only pay legal fees if your claim is successful.
How Long Do I Have to Make a Claim?
Typically, you have three years from the date of injury or the date you became aware of the negligence to make a claim. Exceptions apply for:
- Children: The three-year time limit starts on their 18th birthday.
- Those lacking mental capacity: No time limit applies until capacity is regained.
It is advisable to start your claim as early as possible, as it becomes more difficult to obtain the necessary evidence as time passes. Most claims are settled out of court. However, if the other party denies liability or disputes compensation, your solicitor may advise taking the case to court.
How Much Compensation Can I Claim?
The value of your ENT surgery negligence compensation will depend on:
- Severity of injury
- Impact on quality of life
- Future medical treatment or care
- Loss of earnings
- Psychological trauma
Compensation is typically divided into general damages (for pain and suffering) and special damages (for financial losses).
Your solicitor will provide a more accurate estimate based on your unique circumstances.
‘No Win, No Fee’ Claims
If you’re unsure whether you have a case or want to find out more about your legal options, get in touch with us.
We can guide you through the process to get the compensation you deserve. At First Personal Injury work with experienced lawyers who work on a ‘No Win, No Fee’ basis. Call us at 0333 358 2345 or contact us online for a free consultation.
In all instances you should always consult with a medical professional around life expectancy questions.