Compensation recovered for delayed treatment of cholesteatoma by 12 years

Jonathan Herbert, specialist clinical negligence lawyer, acting for the claimant recovered damages of £90,000 to compensate him for hearing loss after William Harvey Hospital failed to arrange any follow up after examination under anaesthetic and polypectomy on 27/03/2006 when he was 15.

From age 15, the claimant suffered 10 to 12 years of significant hearing loss, pain and foul-smelling discharge.  Despite intervening treatment when the error was uncovered, he will suffer permanent moderate hearing loss.

We were instructed to bring a claim and did so on a ‘no win, no fee’ basis.

Proceedings were issued to protect against potential limitation issues.  An expert ENT consultant was instructed and he reported that William Harvey Hospital had (1) failed to carry out pre operative hearing test which would have allowed subsequent comparisons, (2), having treated on 27/03/2006, failed to arrange a follow up appointment and then (3) failed to appreciate that no follow up appointment had been made.  This led to the claimant’s cholesteatoma being untreated until February 2018 when he underwent tympanoplasty with ossiculoplasty (repair and reconstruction of the middle ear) and then in 2019, stage II combined approach tympanoplasty (to check for recurrent disease).  In the meantime, his critical school years had passed with significant disruption.

A letter of claim was delivered and 6 months letter NHS Resolution replied admitting both the alleged breaches of duty and causative effects.  Following negotiations, the case settled.

There was no treatment that could restore the element of permanent hearing loss, but the claimant was satisfied with payment of compensation enabling closure for him.

This case study therefore demonstrates the expertise of our Clinical Negligence team when called upon to assist with concerns of historic medical negligence when a patient considers that they suffered personal injury as a consequence.

Jonathan Herbert is a specialist medical negligence lawyer.  If you would like to ask him a question about a potential case, or if you have a general query about any personal injury, contact him at Thomson Snell & Passmore solicitors on 01892 701226 in confidence.

Thomson Snell & Passmore has one of the largest and most experienced specialist medical negligence teams in Southern England including London.  Our team of experienced lawyers has expertise essential in this sensitive and often complex area of law.  Our clinical negligence team is ranked Number 1 in both the Legal 500 and Chambers and Partners UK and we offer no win no fee agreements on the vast majority of our clinical negligence and personal injury cases.