Ear, Nose & Throat (ENT) Negligence Claims

Ear, Nose and Throat (ENT) surgery covers a broad range of medical procedures to deal with a variety of issues, including nasal polyps, tumours, issues with the tonsils and more. However, any errors made during these delicate procedures can have very serious consequences for your health and quality of life.

If you feel you have been affected by negligent treatment of an Ear, Nose and Throat issue, you may be entitled to claim compensation. Getting the right result with ENT claims can be complicated, and it is therefore vital to have the support of specialist solicitors from the outset.

Wolferstans’ medical negligence solicitors have secured substantial compensation for various ENT claims over the years. Our experience and particular expertise with these types of claims means we can ensure we start putting the strongest possible case together for you from the outset, giving you the best chance of a fair outcome.

We offer strong skills in non-confrontational dispute resolution, meaning we can typically resolve claims without the need for you to attend a court hearing, allowing you to achieve a settlement faster, at lower cost and with less stress for you.

Thanks to our specialist experience with Ear, Nose and Throat claims, we can also provide a very accurate valuation for your claim. This is essential to make sure you do not accept less compensation than you may truly be entitled to – something which can be a danger when working with less experienced firms.

We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.

To arrange your consultation please contact the new client team on 01752 292204.

Our Ear, Nose & Throat negligence claims service

We help clients all over England and Wales to pursue compensation for a wide range of Ear, Nose & Throat claims, including those related to:

  • Misdiagnosis and late diagnosis of ear, nose and throat conditions
  • Ear, nose and throat surgical errors, including sinus surgery negligence
  • Injury to facial nerves during surgery
  • Eye injury during ENT surgery
  • Loss of hearing following ENT surgical errors
  • Impaired sense of smell following ENT surgery
  • Vocal cord damage
  • Brain injury during Ear, Nose and Throat surgery

Read about some of the cases we have successfully pursued in relation to ENT negligence claims.

How ENT negligence claims work

Our clinical negligence lawyers can confidently and sensitively guide you through every stage of the process for making an Ear, Nose and Throat claim.

A typical ENT claim will involve:

  • Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
  • Contacting the relevant healthcare provider with the details of your claim.
  • Ensuring the defendant responds to your claim in a timely fashion.
  • Assessing the defendant’s response and advising you of your options.
  • Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
  • Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.

Find out more about the process of making a clinical negligence claim.

Funding an Ear, Nose & Throat (ENT) compensation claim

It is important to us that anyone with a valid claim for negligent treatment of an Ear, Nose and Throat condition has the opportunity to pursue compensation. To that end, if we believe you have strong grounds for a claim, we will help you find an appropriate way of funding that claim.

In most cases, this means we will take on your case on a ‘no win, no fee’ basis, also called a ‘conditional fee agreement’. With a no win, no fee ENT claim, you do not need to pay anything towards your legal fees or expenses to start a claim and will only need to make a contribution towards these costs if your claim succeeds.

For a successful claim, the costs you pay will be based on a percentage of any settlement secured or damages awarded. This means you have complete transparency over the likely costs involved from the outset and will always get the maximum benefit from your compensation.

Your Ear, Nose and Throat claim could also be funded through other means, such as with legal expenses insurance. This type of cover is frequently offered as an optional extra with home insurance, as well as some bank accounts and credit cards. We will be happy to discuss the merits of this approach when considering your claim.

To discuss your options for covering the cost of an ENT negligence claim, please don’t hesitate to get in touch.

Find out more about funding a medical negligence claim.

Our expertise in Ear, Nose & Throat claims

With many years of experience in ENT compensation claims, we have developed a reputation for achieving success under even the most challenging circumstances. Having secured significant settlements, we can provide a reliable, highly effective claims service delivered with compassion and sensitivity.

Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.

Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.

Find out more about our medical negligence claims team.

Common questions about ENT negligence claims

There is generally a 3-year time limit to bring a claim for any type of medical negligence, including ENT claims. This may apply either from when the negligence occurred or when you became aware of it, if this happens later.

However, there are various circumstances where the time limits for bringing a claim may be different and knowing exactly which time limit applies and whether it has expired can be complicated. It is therefore strongly recommended that you discuss your claim with a specialist medical negligence lawyer no matter how much time has passed.

Situation where the time limit for an ENT claim may be different include:

  • If the injured party is under 18 – in this case their parents/guardians will have until they turn 18 to bring a claim. If this is not done, the injured party will have a further 3 years to bring a claim themselves once they turn 18.
  • If the injured party does not have the mental capacity to bring a claim – there is then no time limit for someone else to bring a claim on their behalf.
  • If the injured party has died within the original 3-year time limit – the representatives of their estate will then normally have an additional 3 years from the date of death to bring a claim.

The compensation for an Ear, Nose and Throat claim will depend on the extent of the injury and the impact this has had on your life.

Depending on the circumstances, you will generally be eligible for two different types of damages:

Special damages for specific financial losses incurred up to the date of settlement. This can includes things like treatment costs, paying for special equipment and lost earnings due to taking time off work or leaving your job.

General damages for on-financial losses (e.g. pain and suffering and lifestyle changes) plus likely future financial losses and expenses e.g. on-going treatment and care costs.

One of the most common types of ENT negligence claims is for injury caused during Functional Endoscopic Sinus Surgery (FESS). This surgery is often used to deal with issues such as nasal polyps, but if not carried out correctly, can cause damage to the orbital bones surrounding the eye (commonly referred to as the ‘eye socket’). Damage to the orbital bones can result in a number of long-term effects, including double vision, which can have a significant impact on your life.

Whether an injury sustained during sinus surgery counts as negligent (and is therefore eligible for compensation) will depend on whether it can be shown that the care you received fell below medically acceptable standards. This means that no competent professional in the same circumstances would have acted the same way.

Proving that your treatment was negligent will rely on various types of evidence, including medical records, witness evidence and evidence from independent medical experts. Building a successful case can be complex, so it is essential to have specialist legal support throughout the claims process.

Further information about ENT negligence claims

For more information about Ear, Nose & Throat compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Start an Ear, Nose & Throat (ENT) claim with us today

To arrange a free initial no obligation consultation and find out more about starting an ENT negligence claim:

To arrange your consultation please contact the new client team on 01752 292204.