Successful Clinical Negligence Claim: £45,000 Secured for Child with Avoidable Hearing Loss
Phoenix Legal Solicitors has successfully settled a clinical negligence claim on behalf of Miss C, who suffered avoidable hearing loss due to failings in her ENT care at the defendant hospital.
After detailed investigation and expert legal representation, Phoenix Legal was able to secure compensation of £45,000 for Miss C.
Background of The Case
Miss C was first referred to the defendant hospital in April 2014 due to concerns about an abnormality in her ear. She was seen by a Consultant Paediatric ENT Surgeon on 22 July 2014 and 26 August 2014, who identified a pit extending from her eardrum.
A CT scan was arranged, and Miss C subsequently underwent a tympanoplasty on 2 March 2016, at the age of 8.
Following the operation, Miss C was reviewed in May 2016. The surgeon noted that her tympanic membrane appeared normal, and she was discharged from ENT care, a decision which would later prove to be premature and medically inappropriate.
Symptoms and Delayed Diagnosis
Despite the discharge, Miss C continued to experience symptoms.
In June 2018, she presented with:
- ear pain,
- dry blood,
- and red vascular tissue.
A subsequent GP consultation in July 2018 revealed vascular swelling in her left ear, prompting an urgent ENT referral.
Miss C was seen at a different hospital on 2 October 2018, where abnormalities were identified in her left ear, including debris and bulging of the tympanic membrane. By 2 November 2018, a large plug of keratin and debris was removed, raising concerns of recurrent cholesteatoma.
A formal diagnosis of recurrent cholesteatoma was made on 14 November 2018. It was found behind the posterior tympanic membrane, and a revision mastoidectomy was recommended. When Miss C was referred back to the original defendant hospital in January 2019, her referral was rejected.
Further investigations revealed extensive disease in the mastoid bone, collapsed tympanic segment, and no ossicles (the tiny bones crucial for hearing).
Miss C was diagnosed with conductive hearing loss on 22 January 2019. She now requires a hearing aid and continues to struggle with hearing, particularly on the left side. Miss C had no hearing difficulties prior to her referral in 2014.
Admissions by the Defendant Hospital
The defendant hospital made several key admissions, including:
- Failure to follow up after Miss C’s initial surgery in 2016.
- Miss C should not have been discharged in May 2016.
- There was a failure to provide continued ENT surveillance, which would likely have led to earlier diagnosis and treatment of the recurrent cholesteatoma.
- Miss C’s suffering between June 2018 (when she presented to her GP with symptoms) and November 2018 (when the recurrent disease was actually identified) would have been avoided
- If the initial tympanoplasty had been performed earlier, a smaller cholesteatoma may have been identified, meaning that it could have been easily excised.
- On the balance of probabilities not involved in the cholesteatoma, there was a 70% chance of restoring Miss C’s hearing had timely and proper surgical intervention occurred.
Legal Outcome
Phoenix Legal Solicitors undertook a thorough investigation, obtaining expert evidence on breach of duty, causation and condition & prognosis. It was successfully demonstrated that:
- There was negligent discharge and failure to monitor Miss C post-surgery.
- Miss C’s hearing loss and prolonged symptoms were avoidable consequences of this negligence.
- Earlier treatment would have significantly reduced the extent of damage and the long-term impact on her hearing.
As a result of this diligent legal work, Phoenix Legal secured a compensation award of £45,000 for Miss C.
Affected by Negligent Medical Treatment?
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