Ear, Nose and Throat Surgery (ENT Surgery) is the study of disorders in relation to the ears, the nose and the throat – rather obviously. This is done by an ENT Surgeon. If you have sustained injury as a result of negligent treatment or care from an ENT Surgeon then you may have a course of action in medical negligence. Although this is relatively uncommon, patients can still receive sub standard care and it could even be that a mistake has been made during surgery. This can lead to often serious injuries and distress for the patient.
Negligence in this area can be from a wide range of sources. Initially negligence could arise from a failure to diagnose a condition. Negligence can also come from sub standard treatment or actual surgical mistakes. For example if you sustained nerve damage as a result of negligence during treatment, you may be able to make a claim. There are other potential injuries such as damage to bones surrounding the eye/skull, permanent loss of smell etc. Clearly with surgery there are certain risks and in this sense clinical negligence cases are more complex. The potential injuries are severe.
Some claims are won on the basis that the patient was not warned of the risks of a surgical procedure. The patient was not warned of potential consequences. When you agree to surgery you are supposed to be making an informed decision. You should be informed of any potential risks. If you are not informed of a risk and the risk comes to light, then we would suggest that your claim is strengthened. In addition to being informed of the risks of surgery, other options should be explained to the patient allowing the patient to make an informed decision about whether to undergo the surgical procedure or not. We have also seen cases in the past whereby patients have undergone unnecessary treatment as a result of misdiagnosis of a condition. This could also give rise to an action in negligence.
Every case is different and it is imperative that you seek advice from an experienced lawyer. Here at The Injury Lawyers we deal with all types of personal injury claims, including medical negligence. Generally speaking, medical negligence cases can be difficult to pursue. The best course of action is to initiate a formal complaint with the relevant NHS Trust to confirm what their position is about your complaint. If it is upheld at an early stage, this also can strengthen the prospects of making a claim.
To discuss a potential claim today please do not hesitate to give us a call.