Negligent ear reshaping compensation

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Ear correction surgery (Otoplasty) is a procedure performed under general anaesthetic that usually takes no more than two hours.

It involves removing or reshaping the cartilage that makes up the patient’s ears, in order to ‘pin back’ ears that stick out, reduce the size of large ears, or improve the general appearance of ears that have been damaged or misshapen.

What is the normal healing process of ear reshaping surgery, and how do I know whether it has gone wrong?

After undergoing ear correction surgery, your ears are likely to be sore, swollen and bruised. The area will also need to be fully bandaged for around one week. After this, you may still need to wear a smaller headband at night for several more weeks to aid the healing process.

Of course, as with any surgery or procedure, there are recognised complications, however if you have suffered one or more of the following, you may have a claim in clinical negligence:

  • blood clots
  • an asymmetrical result
  • infection
  • change in sensation
  • skin colour irregularities
  • excessive scarring or swelling

It is also very important that the risks of any procedure are explained to you before you choose to undergo it, so you can make an informed decision about whether to go ahead. If you were not given this information, and you would not have undergone the procedure if it had been provided, you may also have a claim for clinical negligence.

I think I have had a negligent ear reshaping procedure, what should I do?

If you have had ear surgery, and think the care you received may have been negligent, you may be entitled to compensation. This will help to reduce the financial burden you may have suffered as a result, or the burden you are likely to be put under in future, as well as get you through any physical and emotional distress.

You may be daunted by the prospect of making a claim for compensation, something that is perfectly normal. Our team of lawyers are here to take the pressure off, bringing the care and expertise that has achieved them rankings in the top tier of both leading legal directories in the UK (Legal500 and Chambers).

You can also rest assured your case is in the hands of clinical negligence specialists; several individual solicitors within the team are ranked as leaders in the field. We are also independently accredited by The Law Society, The Association of Personal Injury Lawyers (APIL) and Action against Medical Accidents (AvMA), so you can be sure that your case will have the best chance at success.

I have lost sensation in my ears following ear reshaping surgery. Do I have a claim?

Loss of sensation is also a recognised after-effect of ear correction surgery; however this should not last longer than a couple of months. If your loss of sensation has lasted longer than this, or you are also suffering with the complications listed above, please get in contact with our solicitors.

If my claim is successful, what kind of compensation will I receive?

This depends on your particular situation. Compensation is made up of two parts:

  • General damages – this is compensation for your pain, suffering and effects on your everyday life. The court will determine the amount by looking at the Judicial Studies Board Guidelines and the amounts awarded in recent similar cases.
  • Special damages – this includes any financial losses you’ve incurred or will incur in the future as a result of the negligence, including loss of earnings or other income, travel expenses and other costs incurred that we can show were caused by the negligence.

To receive compensation, you will have to prove any damages were as a result of negligent ear surgery. If the link cannot be proved, then the court won’t award any damages. As the claimant, it is your responsibility to prove each and every aspect of your claim, including your entitlement to general and special damages.

What will happen if I need or want further ear correction surgery to rectify the effects of the negligent ear reshaping surgery?

Where corrective or remedial treatment is necessary and appropriate, this will be taken into account in your settlement. This will be decided on a case by case basis and there is no set rule in this regard.

Would it cost me to make a claim?

We have a range of funding options if you want to undergo a clinical negligence claim. Find out more about our funding options here.


Our credentials

“A premier Somerset firm with experience of a broad range of high-value matters, including catastrophic birth injury claims. Routinely engaged on cerebral palsy cases and spinal injury claims, and offers expertise in weight loss surgery and dental negligence matters. Strengths (Quotes mainly from clients): “Withy King were caring and understood us. They listened to our concerns and needs, and helped in whichever way they could.” “They are incredibly organised, easy to approach and they have a very supportive team who are incredibly sympathetic.” Notable practitioners: Head of department Simon Elliman (Band 1) oversees an array of complex claims, including cerebral palsy and spinal injury matters. In addition he acts on dental negligence cases. Sources say: “He is very able and he inspires confidence through calmness.” Market observers consider Paul Rumley (Band 1) “a very approachable lawyer with vast experience on high-value and complex cases.” He handles a range of matters including birth injury claims, fatal accidents and delay in diagnosis of cancer claims.” Chambers 2017 Somerset

“Highly commended firm with an excellent reputation across a broad spectrum of clinical negligence matters. Routinely acts on catastrophic cases including brain and spinal injury claims. Also noted for its handling of matters arising from amputation, delayed diagnosis and weight loss surgery. Strengths (Quotes mainly from clients): “They’ve been amazing. They spoke to me on a level I understood. They are very understanding and compassionate and they advised me well the whole way through.” Notable practitioners: Head of department Richard Coleman (Band 1) offers vast experience of complex claims involving cerebral palsy, spinal injury and bariatric surgery, among other matters. “He is very good at negotiating settlements in difficult cases” and “doesn’t lose sight of the human aspect of it all,” assert sources.” Chambers 2017 Oxford and surrounds

“Royds Withy King is a ‘leading firm’ for catastrophic birth injury cases. Key figures include practice head Simon Elliman, who handles dental negligence, cerebral palsy and spinal injury claims; ‘first-rate solicitor’ Paul Rumley; and Kerstin Kubiak, who stands out for her ‘exceptional analysis’.” Legal 500 2016 South West 

“The ‘knowledgeable, dependable and competent’ team at Royds Withy King is led by ‘astute strategist’ Richard Coleman and includes Tracy Norris-Evans, who is ‘extremely knowledgeable and committed to her clients’.” Legal 500 2016 South East

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I can't express how grateful I am to you for all your help to get this result. I was really nervous about bringing a claim but you've made the process a lot easier than I expected it to be and have been very patient and understanding throughout.
Royds Withy King Medical Negligence Client

FAQs

No. If your surgeon worked for a private clinic, then you will sue the company that owns the private clinic. Alternatively, if you are suing a private surgeon who was not employed by the clinic where you underwent the arm lift, you may be able to sue them in their personal capacity.


Contact us If you have undergone ear reshaping surgery that you are not happy with, you can speak to our team on: