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Ears, Nose and Throat (ENT) Negligence

Errors made during Ears, Nose and Throat (ENT) surgery or treatment can have a detrimental effect on your senses and quality of life.

If you have received negligent medical treatment of an Ear, Nose and Throat issue, within the last three years, you could be eligible to make a claim.

Contact True Solicitors medical negligence team on 0344 854 7000 or submit your details below to start the claims process.

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Examples of Ear, Nose & Throat (ENT) negligence claims:

Negligent ENT surgery claims include:

  • Damage to the facial nerves
  • Damage to the vocal cord
  • Hearing loss
  • Loss of smell and taste
  • Failure or delay in diagnosing ENT tumours
  • Damage to the eye during surgery
  • Vision loss
  • Brain injury during ENT surgery
  • Damage to the facial structure
  • ENT misdiagnosis
  • Delay in treatment
  • Delay in diagnosis of oral or oesophageal cancer
  • Tonsillectomy negligence

What does the claims process involve?

Your medical negligence solicitor will work with you to build a case against the medical professional or healthcare trust responsible for administering the negligent treatment. This includes:

  1. Collecting evidence: This involves applying for copies of your medical records, collecting witness statements and seeking the opinion of independent medical experts.
  2. Informing the defendant: Writing to the healthcare trust or medical professional responsible, with the details of your claim.
  3. Ensuring that the defendant responds on time: Upon receipt of the Letter of Claim the defendant will have a 4 month period to investigate the allegations and to provide a formal response, in which they will have to confirm whether they accept or deny liability.
  4. Reaching a settlement– If the defendant accepts liability negotiations will commence between the legal representatives of the claimant and the defendant in order to reach an agreed settlement. If the defendant denies liability, or settlement cannot be reached through negotiation, then your solicitor will discuss the next steps with you, which may involve commencing court proceedings.

How much compensation will I get?

Your solicitor will quantify the value of your Ears, Nose and Throat claim based on a number of different factors. Compensation is broken down into two categories – general and special damages:

General Damages: These are awarded to the victim to compensate them for the pain and suffering that they have experienced due to the negligent treatment received.

The level of general damages depends upon the extent of the victim’s injuries or illness, and the impact this has had on their quality of life.

Medical records and independent medical expert evidence will be used to determine the extent of the victim’s injuries and their prognosis. This will enable general damages to be assessed.

Special Damages: These are awarded to compensate for any out of pocket expenses that have been incurred as a result of the negligence. This includes losses which have been sustained from the date in which the negligent treatment took place, and extend to also include any future financial losses that you are likely to suffer.

Special damages can include:

  • Medication and rehabilitation
  • Current and future financial losses i.e. through not being able to work or to the same capacity as before the incident.
  • Current and future care costs.
  • Travel costs to and from medical appointments.
  • Home and vehicle adaptations.
  • Mobility aids.

Can I make a no win, no fee claim?

We will handle your ENT claim on a No Win, No Fee basis. This means that you only need to pay legal fees if your case is successful.

If your clinical negligence case is won you will pay us what is known as a ‘success fee’. This is limited to a maximum of 25% of the compensation amount obtained.

Is there a time limit for making an ENT negligence claim?

The time limit for making an ENT claim is three years from the date of receiving the treatment, or three years from when you became aware that your illness or injury was caused due to the treatment you received. The exceptions to this rule are when cases involve children or those who are mentally incapacitated to make a claim themselves.

Children do not face the claims time limit of three years as a claim can be made by an adult on their behalf at any time before they turn 18. There is no time limit to make a claim for those who are mentally incapacitated to make a claim themselves.

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