Our client, a man from Canterbury, Kent, had a septoplasty (procedure to straighten his nasal septum) followed by a bilateral FESS (functional endoscopic sinus surgery) operation to remove nasal polyps in May 2013
Whilst the operation was a success to the extent that our client could breathe more easily through his nose, he was left with double vision.
There were further investigations to establish the cause of the problem and the ophthalmic team at Kent and Canterbury Hospital concluded that there was damage to either the fourth cranial nerve or damage to the superior oblique muscle on the left side.
In January 2014 our client had corrective surgery which resulted in some improvement but he was left with double vision affecting his near sight.
After investigating the claim, a Letter of Claim was sent to East Kent Hospitals University NHS Foundation Trust which alleged the original operation had been performed to a substandard level and caused permanent double vision. The NHSLA responded four months later with a settlement offer but it was too low. After a short period of negotiations the NHSLA increased its offer to £18,000 which was 50% higher than the original offer.
Steve Evans, who had conduct of the claim, commented:-
“Fortunately, our client is able to wear glasses which correct his double vision but there is a permanent disability and I am pleased he pursued his legal remedy for compensation.
This was a strong case and settlement was achieved without the need for Court proceedings.”