Ear, Nose and Throat (ENT) Negligence Claims

When accidents or negligence occur during ear, nose and throat (ENT) surgery, the damage can be long-lasting. If you have experienced negligent medical treatment and are looking to make a claim for compensation, JMW Solicitors is here to help.

Our specialist solicitors are highly experienced in providing advice to people who have suffered as a result of negligence during ENT surgery, or in relation to any pre- or post-operative care.  If you feel that an error was made during your surgery, or that poor quality care has reduced your quality of life, we are here to help you secure the compensation you deserve.

We offer free initial advice and no win, no fee agreements on cases like this and will be happy to discuss your options. Contact the team on 0345 872 6666 or complete our online enquiry form to request a call back.

How JMW Can Help

At JMW our friendly and sympathetic solicitors are here to make the experience of claiming compensation as stress-free as possible, while helping you achieve the best possible chance of succeeding in your ENT negligence claim.

Our solicitors have the requisite experience of the injuries or losses that can occur due to clinical negligence, and will provide you with empathetic and professional support and advice throughout every step of the claims process.

The clinical negligence team at JMW have obtained multi-million-pound settlements for a range of clients who have had their quality of life reduced as a result of mistakes made by medical professionals. 

JMW’s medical negligence team is headed by leading solicitors Eddie Jones and Angharad Hughes, and includes members of the Action against Medical Accidents (AvMA) solicitor’s panel and the Law Society’s specialist panel for clinical negligence solicitors. 

Following an initial assessment, we accept most of our cases on the basis of a no win, no fee agreement. To see if you are eligible, contact our team today.

Meet Our Team of ENT Negligence Claim Experts

JMW investigates misdiagnoses of ear, nose and throat problems, surgical injuries and other medical mistakes that amount to negligent ENT care. Our thorough understanding in this area has given us a strong track record of successful compensation claims.

Case Studies

What Are Common ENT Surgery Negligence Claims?

Because of the proximity to facial nerves and sensory organs, ear, nose and throat procedures require intricate and accurate care. When negligence occurs during treatment or surgery, it can lead to long-term complications, such as:

• Nerve damage to the face, causing weakness, drooping, or numbness.
• Damage to the vocal cords, leading to voice changes or long-term difficulty speaking.
• Loss of hearing in one or both ears.
• Injuries to facial structures, causing tissue damage and lasting asymmetry or scarring.
• Loss of senses such as smell and taste, due to damage during nasal surgery or sinus procedures.
• ENT misdiagnosis. Delays or errors in recognising ear, nose or throat conditions can cause them to worsen.
• Failure to diagnose ENT tumours. Missed early signs can have serious consequences for treatment and recovery.
• Incorrect treatment. Receiving the wrong procedure or medication can cause avoidable harm.
• Delays in treatment. Waiting too long for surgery or follow-up care can lead to complications or permanent injury.
• Negligent management of thyroid disease. Inadequate monitoring or surgical mistakes involving the thyroid can damage surrounding nerves and affect breathing or swallowing.

People who experience negligent ENT treatment may face ongoing physical and psychological effects. Our medical negligence solicitors have extensive experience supporting people in these situations. We investigate any claim by obtaining medical records, examining these in detail and thereafter instructing independent medical experts in order to assess whether poor care has resulted in avoidable harm. 

What Is the ENT Surgery Negligence Claims Process?

Every ENT claim is different, and our approach will always be to adapt to the individual circumstances of your claim. However, in general, the claims process follows several well-established steps. These include:

1. Initial consultation. You will speak with one of our specialist solicitors, who will review the details of your treatment and discuss whether you may have a valid claim, and what the next steps should be.
2. Investigation. We request your medical records and arrange for these to be reviewed by our specialist nursing team, to ensure that all key documents have been disclosed. It is likely at this stage that we will go through the notes with you in order to take a preliminary witness statement.  Once this is complete, we will instruct independent medical experts to provide reports on the key issues in the claim, in order to provide you with advice on the prospects of success and whether we can advance matters for you. 
3. Establishing fault. If we have supportive evidence then we will draft a Letter of Claim setting out the allegations of negligence, how this has caused injury, and what losses we are able to set out at that stage, or alternatively what further evidence we need to quantify those losses. 
4. Response. The hospital or its representatives, such as NHS Resolution, will then respond to the claim, and we will consider that in detail together with the experts we have retained.  The response can either deny liability, accept liability or equate to a partial admission or denial
5. Resolution. Most medical claims are resolved before court proceedings becoming necessary. However, if your case does go to court, our experienced clinical negligence team will represent you throughout.

During this process, our solicitors will handle the day-to-day running of your claim in order to allow you the time and space to focus on your recovery. As the case progresses, we will check in with you regularly and keep you updated as to each stage in the case plan.

How Is ENT Negligence Compensation Calculated?

The level of compensation you may receive will depend on the severity of your injury, any long-term effects and the consequential losses caused by negligent care. Your solicitor at JMW will collect medical evidence and financial documentation to assess how you have been affected.

Compensation is divided into two categories:

General damages

These are awarded for the physical and psychological harm caused by the negligent ENT treatment, including:

• Pain caused by the injury itself.
• Loss of amenity, meaning reduced ability to carry out daily tasks or enjoy life as before.
• Psychological harm, such as trauma or anxiety caused by changes in appearance, speech or hearing.

Diagnosed conditions that can be linked to the negligent care will also be included in this assessment, such as hearing loss, facial nerve damage or the loss of smell or taste.

Special damages

Special damages reflect the financial impact of medical negligence. They take into account how the injury has affected your income, daily life and ongoing needs. These may include:

• Loss of earnings, including reduced working hours or an inability to return to your previous role.
• The cost of care, whether from family members or professional carers, including help with personal care or household tasks.
• Medical and therapy expenses, such as physiotherapy, counselling or private medical care.
• Travel costs for hospital appointments, treatments or therapy.
• Adaptations or equipment, such as hearing aids or modifications to improve comfort and independence.
• Future treatment costs, including ongoing or permanent needs identified by medical experts.

It is useful to keep receipts, invoices and details of time off work to support your claim. We instruct independent medical experts to assess your prognosis and future needs to make sure your case is presented in full.

What Evidence Do I Need to Make an ENT Negligence Claim?

Evidence is crucial for any medical negligence claim to be successful. It helps demonstrate that negligent care caused avoidable harm, and how that harm has affected your life. This includes:

• Medical records, detailing your diagnosis, surgery and aftercare. This includes operation notes, discharge summaries and test results.
• Independent expert reports. ENT specialists or other medical experts can review your treatment and give an opinion on whether substandard care caused your injury.
• Photographs and correspondence. Photos of physical injuries and written communication between you and your medical team can help to show what happened.
• Personal records. Notes of your ongoing symptoms, pain levels or psychological effects can help explain how negligence has affected you.
• Financial documentation. Receipts and records of lost income, care costs or therapy expenses can support claims for special damages.

Our medical negligence team will help you to gather and review the available evidence to build a clear and compelling case that shows the impact negligence has had on every aspect of your health and life.

Q

How long do I have to make an ENT negligence claim?

A

The usual limitation period for medical negligence claims is three years from the date the negligence occurred or from when you first realised your injury was caused by substandard treatment.

If the claim involves a child, this three-year period begins on their 18th birthday. For people who lack capacity, there is no set time limit until capacity is regained.

Although these limits give you time to consider your options, it is always best to speak to our medical negligence team as soon as possible to discuss your options.

Q

How do I know if I have a valid ENT negligence claim?

A

A valid claim requires that we demonstrate that a medical professional involved in your ear, nose and throat treatment provided care that fell below an acceptable standard and caused avoidable harm. This could include mistakes made by an ENT consultant, surgeon or other medical professional during ear surgery, nasal surgery or other ENT procedures. Our medical negligence solicitors will meticulously assess all the evidence involved in your case, and consult independent medical experts, to create a solid narrative that proves causation.

Q

Can I make an ENT negligence claim against a private hospital?

A

Whether you were treated by an ENT specialist in the NHS or at a private clinic, you have the same right to make a medical negligence claim. ENT negligence claims can be brought against both NHS Trusts and private hospitals, where poor care has caused injury. Our medical negligence experts will build a strong case on your behalf and liaise with the relevant healthcare provider to make your claim.

Q

Will I need to go to court for my ENT negligence claim?

A

Most medical claims are resolved before court proceedings become necessary. However, should your case go to court, our medical negligence solicitors will represent you every step of the way. We will prepare a detailed claim, ensuring the medical evidence is as meticulous and robust as possible.

Q

Can I make an ENT negligence claim for a family member?

A

If a family member has experienced negligent ENT care and cannot bring a claim themselves, you may be able to act on their behalf. This applies if the person is a child, lacks mental capacity or has died due to negligent treatment. The specialist solicitors at JMW can explain how to start the claims process and what evidence will be needed to proceed on a no win, no fee basis.