The demand for ENT services in Ireland has surged. Nearly 77,000 people are on hospital waiting lists, and more than half are waiting over a year to see a consultant or receive treatment. Some patients have to wait up to five years to see an ENT specialist due to severe consultant shortages. While the strain on the system is undeniable, it does not justify negligent care.
If you or a loved one has received substandard ENT care, you might be eligible for compensation. Reach out to our solicitors at Michael Boylan Litigation to discuss your case and explore your legal options.
What Is ENT Surgery Negligence?
ENT (Ear, Nose, and Throat) surgery negligence happens when an ENT specialist or healthcare provider fails to deliver the expected standard of care during diagnosis, treatment, or surgery, leading to harm or injury to the patient. This includes errors during procedures such as sinus surgery, tonsillectomy, or ear surgery, as well as misdiagnosis or delayed diagnosis of conditions like throat cancer or chronic infections. Here are some examples of negligence in ENT surgery:
- Surgical errors: Operating on the wrong site, damaging nearby nerves, or leaving instruments inside the body.
- Failure to monitor or follow-up: Not properly observing the patient’s condition post-surgery, leading to complications.
- Improper diagnosis or delayed treatment: Missing key symptoms that could have led to early intervention or misdiagnosing the condition.
- Inadequate consent: Failing to inform the patient about the risks of the surgery or not obtaining proper consent.
If such negligence has caused harm to you or your loved one, you may be entitled to pursue a compensation claim.
How Can ENT Surgery Go Wrong?
ENT surgery can go wrong in several ways, often due to errors or lapses in care during diagnosis, the surgical procedure itself, or post-operative care. Some of the common ways ENT surgery can go wrong include:
- Nerve Damage: Many ENT surgeries involve areas near delicate nerves, such as those controlling facial muscles or vocal cords. Mistakes during surgery can lead to permanent nerve damage, causing issues like facial paralysis, loss of voice, or difficulty swallowing.
- Infection: If proper sterilisation techniques aren’t followed or post-operative care is inadequate, infections can occur, leading to serious complications like abscesses or sepsis.
- Surgical Site Errors: In rare cases, surgeons may operate on the wrong area, such as the incorrect sinus or ear, causing unnecessary harm while failing to address the actual problem.
- Breathing Complications: During procedures involving the throat or nose, improper handling can lead to airway obstructions, which may result in breathing difficulties or require emergency intervention.
- Excessive Bleeding: ENT surgeries, particularly in the sinus or throat area, can sometimes result in uncontrolled bleeding, which may cause life-threatening complications if not managed properly.
- Failure to Diagnose or Treat Underlying Conditions: In some cases, surgeons may fail to properly diagnose or treat the root cause of a condition, leading to unnecessary procedures or delayed recovery.
- Anaesthesia Errors: Mistakes with anaesthesia administration during surgery can result in adverse reactions, respiratory issues, or even death.
What Are Your Options If You Were Injured During Functional Endoscopic Sinus Surgery (FESS)?
If you’ve suffered an injury during FESS, your first step is to seek immediate medical attention to manage any complications. Once you're stable, you can consult our medical negligence solicitors to assess whether the injury resulted from errors or negligence during the procedure. Gathering medical records and evidence will help determine if you have grounds for a compensation claim.
Damage to the Eye Socket During FESS Surgery
One of the risks during FESS is damage to surrounding structures, such as the eye socket. If your eye socket was damaged during surgery, leading to complications like vision problems or nerve damage, you may have a valid claim for medical negligence. Our specialist solicitors can review your case to determine whether the surgeon failed to meet the required standard of care.
Can You Make a Claim if There Were Complications During Your Treatment for Nasal Polyps?
If you experienced complications during or after treatment for nasal polyps, such as excessive bleeding, infection, or unintended damage to surrounding tissues, you could have a claim if it can be proven that these issues were caused by medical negligence. A solicitor specialising in ENT negligence will evaluate your case based on the standard of care you received and the outcome of your treatment.
The ENT Negligence Claim Process
After we've discussed your case with you, our team will review your medical history, records, and other relevant documents to determine if negligence occurred. If the evidence supports a claim, we will initiate the legal process by gathering expert opinions in otolaryngology and preparing a case strategy.
After gathering the evidence, we send a formal letter of claim to the responsible party. If they accept liability, we work to negotiate a fair settlement; if they do not, we are fully prepared to proceed to court to secure your compensation.
Statute of Limitations
The Civil Liability and Courts Act 2004 establishes a two-year statute of limitations for filing medical negligence claims, including those involving ENT negligence. This two-year period begins from the date of the injury or the date the injury was discovered.
However, there are exceptions to this rule. If the claimant is under the age of 18, the two-year limitation period does not commence until the claimant reaches adulthood. Also, if the claimant is incapacitated and unable to manage their affairs, the limitation period may be suspended until capacity is regained.
How Much Compensation Can You Expect?
The Personal Injuries Guidelines provide structured compensation ranges for ENT-related injuries, taking into account various factors that influence the value of each claim.
Ear Injuries
For ear injuries, compensation amounts vary depending on the severity and nature of the injury. Some of the recommended compensation ranges are:
- Total deafness and loss of speech: May result in awards between €200,000 and €350,000, with the lower end applied if there is little speech deficit or mild tinnitus.
- Total deafness alone: €150,000 and €220,000.
- Total loss of hearing in one ear: Can result in awards between €55,000 and €80,000, with higher amounts if accompanied by tinnitus, dizziness, or headaches.
- Severe tinnitus with partial hearing loss: €35,000 to €55,000
- Moderate tinnitus with partial hearing loss: €18,000 to €35,000
- Mild or occasional tinnitus with hearing loss: €500 to €18,000.
Nose Injuries
According to Personal Injuries Guidelines, the severity and nature of ear Injuries should be considered when calculating the amount of compensation to be awarded to the claimant. Recommended compensation amounts are:
- Injuries resulting in total loss of smell:
- €30,000-€45,000
- Injuries resulting in partial loss of smell: €10,000-€25,000
Throat Injuries
When assessing compensation for throat-related injuries, factors such as pain, duration of symptoms, functional impact, and potential for recovery or treatment options are considered. Whether the injury was sudden or developed over time, its impact on speech or balance, and whether treatment or technology can improve hearing are additional factors that influence compensation.
Start Your ENT Negligence Claim
Our experienced team is ready to review your case, gather the necessary evidence, and guide you through each step of the process. Contact our senior partners to begin your journey toward justice.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with regulation 8 of the Solicitors Advertising Regulations 2019.
