Even seemingly simple and routine medical examinations and procedures can result in a patient suffering harm and injury. Individuals who are very young and very old are often most at risk for suffering these types of injuries as they tend to be more physically fragile and may be unable to effectively communicate feelings of pan and discomfort.
A 20-year-old man recently filed a medical malpractice lawsuit related to a debilitating injury he suffered when he was three-years-old. According to the lawsuit, the boy saw the doctor who is named as the defendant in the lawsuit for a routine check-up and exam. Upon looking in the boy’s ears, the doctor attempted to remove wax buildup from the toddler’s ears.
The boy seemed to tolerate the removal of wax from his right ear. However, while using a long instrument to remove wax from the boy’s left ear, the doctor injured the boy’s eardrum. The young boy screamed and cried out in pain and his eardrum began to bleed. Over the course of the next two years, the boy continued to experience severe pain and discomfort in his ears.
He was eventually referred to a specialist, who determined his left eardrum was torn and right damaged. During 1999, he underwent surgery to repair the tear. After another surgery in 2005, however, it became apparent that the damage to the boy’s ear drums was permanent.
Today, the 20-year-old suffers from a 90 percent hearing loss in his left ear and a 30 percent loss in his right ear. The young man recently filed a lawsuit against the doctor who he contends is negligent in contributing to and failing to diagnose and treat his debilitating injuries. He is seeking to recover damages related to medical costs, physical pain and mental anguish and lost earning potential.
Source: Southeast Texas’ Legal Journal, “Doc accused of causing hearing loss seeks to compel depositions,” David Yates, Oct. 7, 2013
Failure to Diagnose