£150,000 for woman suffering hearing loss following unnecessary surgery | Fieldfisher
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Case Study

£150,000 for woman suffering hearing loss following unnecessary surgery

Rebecca Drew secured financial settlement of £150,000 on behalf of 38-year-old Laura who suffered a 'dead ear' following mismanagement of otosclerosis, an abnormal bone growth inside the ear.

Following the birth of her first child, Laura noticed a decline in her hearing. Following a hearing test, she was diagnosed with bilateral otosclerosis. She sought the opinion of Mr Jeremy Lavy, Consultant ENT surgeon who recommended surgery by way of stapedectomy to correct her hearing loss.

After consideration, and a further decline in her hearing, believing (incorrectly) that she did not have any other option to restore her hearing, Laura consented to surgery. However, after the operation, Laura noticed no improvement in her hearing and developed tinnitus. Unfortunately, hearing tests confirmed Laura had suffered a dead ear right ear and mild-moderate conductive loss in her left ear.

Laura alleged that before surgery, she should have been informed of her other treatment options, particularly that she should trial bilateral hearing aids for at least three months. Pre-surgery, Laura's audiogram was an atypical Otosclerotic audiogram and had perseveration of frequencies that define speech intelligibility. At the time of surgery, she was not a candidate for the procedure.

Laura now uses a hearing aid which only gives her understanding of where sound is coming from and still suffers severe tinnitus.

The Defendant did not admit liability for Laura's injury.

Following settlement, Laura said:

 “Rebecca was involved in the case from day one and has been instrumental, both in terms of the success with the settlement and also with the general guidance she offered me through every step of the case.

"It was a long process, delayed by Covid and the Defendant, but Rebecca was always available and ready to assist. I am very happy with the outcome and really thankful to Rebecca for her dedication and support over the years!”

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