Background: Our client, who had suffered from reduced hearing in their right ear since birth, was referred for a right bone anchored hearing aid (BAHA) insertion, undergoing this surgery in January 2021.

Incident: After the surgery, our client awoke to find that the wrong ear had been operated on. This mistake caused significant distress to our client and required two additional operations. The removal of the incorrect implant led to an infection, necessitating antibiotics. Four months later, the correct BAHA was finally installed.

Challenges: Liability was admitted due to the Defendant’s negligence. Our client endured two unnecessary operations, an infection, and visible scarring on the left side of their head. The surgical area remained painful 13 months post-operation, this pain was likely to be permanent.

Impact: The negligent operation exacerbated our client’s low mood, anxiety, and stress, leading to a diagnosis of adjustment disorder with anxiety and depression, and worsening a pre-existing anxiety and depressive disorder.

Outcome: We ensured our client received the necessary support and compensation for the physical and emotional suffering caused by the surgical negligence.