Advising with empathy and experience

Damages awarded for permanent tinnitus following surgery.

John Coulson of the CNCI team has successfully concluded a clinical negligence claim on behalf of a claimant who was left suffering with tinnitus following surgery.

The Claimant underwent a tympanoplasty procedure after being diagnosed with a perforation of the ear drum. He noticed hearing loss and tinnitus shortly after surgery. Despite voicing his concerns, it was only 12 weeks after the procedure that further perforations were identified. The Claimant was told that this was a risk of the procedure, but no further explanation was given.

The Claimant was then informed that nothing further can be done and he continues to suffer with permanent tinnitus, hearing loss and pain.

It was argued that the Claimant had not given informed consent prior to the procedure, as he was not advised of the tinnitus risk. The Claimant therefore sought damages for the tinnitus.

Court proceedings were issued but the claim was resolved out of court when the Claimant accepted a negotiated settlement.