Successful medical negligence claim for a young girl injured by surgical error

Amy Anderson, a senior associate in our medical negligence team, recently agreed a financial settlement for a young girl, who suffered life-changing facial injuries following an elective surgical procedure.

Private surgery to remove a pre-auricular sinus and chronically-infected cyst led to permanent damage and years of emotional distress.

The injury occurred when the client was one year old, whereas the case settled many years later as the full impact of the damage would only become clear over time as the client matured.

By bringing a claim on their daughter’s behalf, her parents sought to understand what had gone wrong and set out to secure the support and compensation their daughter would need for the future.

During the operation, the client’s main facial nerve was severed - a serious surgical error that left her with permanent facial palsy and unwanted facial movements.

The injury affected the client’s natural ability to move her facial muscles, leaving her with visible asymmetry, scarring and muscle spasms. As she grew older, the emotional and psychological effects became more pronounced, impacting her confidence and social life.

Despite further surgical treatment, the damage was said to be permanent. The family wanted answers and reassurance in the way of financial compensation to ensure their daughter would have access to future medical treatment if needed.

Amy and our medical negligence team worked closely with the family to investigate the standard of care delivered during the surgery and gather expert evidence to support a claim for medical negligence. The team ensured the process was handled with compassion and care, recognising this was a sensitive case involving injuries suffered by a young child.

The team identified multiple failings in the original surgical management and obtained expert opinions to support a claim against the surgeon. We also arranged for independent expert assessments of her ongoing treatment needs to be carried out to assess the full impact and value of the injuries sustained. 

The private surgeon admitted responsibility for the surgical negligence, and the case was settled out-of-court for £200,000 in compensation.

The compensation reflected: -

• The permanent facial nerve injury and visible scarring;
• The impact on the young person’s confidence and mental health;
• The treatment costs associated with the injuries sustained.
  

Because the claimant was under 18, the settlement was approved by a Judge and paid into court in order to ensure her long-term interests were fully protected.