£75,000 awarded after inadequate consent process led to permanent hearing loss
Sophie Moss, Associate in the Clinical Negligence Team at Hay & Kilner, acted for a client who secured £75,000 in compensation after a failure to properly explain the risks of surgery.
The client underwent an operation in 2022 called a microvascular decompression. This is a procedure used to relieve pressure on a nerve and was intended to treat a facial spasm.
Before the surgery, the client had a detailed discussion with their consultant about the risks. They made it clear that they would be willing to accept up to a 20% loss of hearing in their left ear but no more. This was recorded in their medical notes.
However, following the operation, the client suffered complete hearing loss in their left ear. This had a significant impact on their balance, mobility, confidence, and day-to-day life, including their work. Unfortunately, the hearing loss is permanent.
We obtained independent expert evidence from a Consultant Neurosurgeon. The expert confirmed that some level of hearing loss is a known risk of this type of surgery. However, they also explained that it is very difficult to predict how severe that loss might be. Crucially, the client had not been warned that there was a risk of total hearing loss. This failure to fully explain the risks amounted to a breach of duty.
A formal Letter of Claim was sent, highlighting the earlier discussion where the client had clearly limited the level of hearing loss they were prepared to accept. The client’s position was straightforward: if they had been told there was a risk of complete hearing loss—and that this could not be controlled—they would not have gone ahead with the operation.
The Trust responded nine months later, denying responsibility and maintaining that the consent process had been adequate. Notably, they did not address the medical record documenting the client’s concerns about hearing loss.
Despite this, we were able to successfully negotiate a settlement of £75,000 for our client.
Sophie Moss commented: “I am very pleased with the outcome we achieved. Although the Trust did not formally admit fault, the settlement has given my client a sense of validation that her concerns about the consent process were justified. The compensation will also provide some financial security for her future.”
If you believe you have been affected by clinical negligence, or would like to discuss how we can help, please contact Sophie Moss or a member of our Clinical Negligence Team on 0191 232 8345.
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