18 year old girl settles claim for failings by health visitor

The client had a routine hearing check when she was eight months old. During the appointment, a health visitor carried out an infant distraction hearing test without assistance from a second health visitor.

The client’s parents recalled that she didn’t respond properly to the test on one side. However, the test wasn’t repeated and no follow-up appointment was suggested.

As a result, concerns about the client’s hearing weren’t identified at the time. She was eventually diagnosed with significant hearing loss.

The client was eventually found to have no hearing in her right ear and some hearing loss in her left ear. By the time her hearing loss was diagnosed, an assessment also showed that her speech and language development was significantly delayed.

The claim alleged that the delay in diagnosis contributed to difficulties with her speech and language, as well as behavioural issues, problems with her education and bullying.

These difficulties formed an important part of the claim, which sought to address the harm the client had experienced following the delay in identifying her hearing loss.

The client’s hearing loss and delayed diagnosis affected several areas of her life. Alongside her speech and language difficulties, the claim highlighted behavioural issues, educational challenges and bullying.

The case also involved considering the longer-term financial impact on the client. A significant part of the claim related to her future loss of earnings, reflecting the potential financial consequences of the difficulties she had experienced.

Legal proceedings began in November 2017. The defendant denied liability, meaning it didn’t initially accept responsibility for the failings alleged in the claim.

However, the defendant accepted that if the infant distraction test had been carried out by only one health visitor, this would amount to a breach of duty. It didn’t accept that assessing the client as having passed the test was itself a breach of duty.

The defendant also accepted, subject to a breach of duty being established, that the delay had caused injury. Its position was that a failed test would have led to a referral for a further hearing assessment, a diagnosis of hearing loss in both ears and hearing aids being fitted by 13 months of age. However, the extent of the client’s injuries remained disputed.

In July 2018, the defendant invited the team on the case to enter judgment in the client’s favour. The claim settled before evidence about the value of the claim was served, securing compensation without that further stage.

The client’s claim settled for £232,500. A significant part of the settlement related to her future loss of earnings.

The compensation was intended to help address some of the difficulties the client had experienced following the delay in diagnosing her hearing loss and support her as she began adult life. The source material doesn’t specify how the settlement will be spent or detail any particular adaptations, equipment or treatment it will fund.

The client’s parents thanked the legal team for its work on the case:

“Thank you, you will never know how grateful we are for all you and your team have done for this case. All your expert advice has led to a wonderful result. You have pushed on, always looking for a way through when things were not straightforward.”

If you or someone in your family has experienced harm following a delay in diagnosis or a failure to provide appropriate healthcare, understanding what happened and what options are available can be an important first step.

Our specialist medical negligence team can help you understand your position and guide you through the claims process with clear, practical advice.

Contact us today to discuss your circumstances and find out how we can help.

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