Loss of Senses Claims: Understanding Your Rights After Medical Negligence
Our senses – sight, hearing, smell, taste, and touch – are essential to how we experience the world. Losing one or more of these senses can change a person’s life completely. When the loss of a sense happens because of medical negligence, it can be even harder to cope with, as it could have been avoided.
In this article, we explain how medical negligence can lead to the loss of a sense, how these cases are handled, and what compensation might be available for those affected.
What Is the “Loss of Senses”?
The loss of senses refers to the partial or complete inability to experience one of the five senses:
- Sight (vision)
- Hearing (auditory perception)
- Taste (gustation)
- Smell (olfaction)
- Touch (somatosensation)
Losing any of these senses can be challenging. It can affect how someone lives, works, and enjoys daily activities. When this loss is caused by a medical professional’s mistake or failure, it is called medical negligence. If negligence is involved, the person who has lost their sense may be entitled to compensation.
Examples of Sensory Loss Due to Medical Negligence
Sensory loss can happen for many reasons, but when it’s caused by a mistake in medical care, there may be a chance to seek compensation.
Vision Loss
Vision problems can occur when eye conditions like glaucoma or retinal detachment are not diagnosed and treated on time. Similarly, infections or surgical mistakes, such as during cataract surgery, can result in permanent vision loss. In some cases, untreated diabetes can lead to diabetic retinopathy, which causes blindness.
Hearing Loss
Hearing problems can result from untreated ear infections, especially in children, or surgical errors during procedures on the ear or auditory nerves. Some medications can also cause hearing loss, especially if they are not properly monitored.
Loss of Taste or Smell
Losing the sense of taste or smell can have a huge impact on someone’s quality of life. It can happen due to surgical mistakes, nerve damage, or even sinus infections that are not treated correctly. Conditions like sinus polyps or brain infections can also affect the sense of smell, and when mismanaged, they can lead to permanent damage.
Loss of Touch
The sense of touch is critical for balance and safety. Losing touch can happen due to nerve damage during surgeries or spinal injuries. Conditions like diabetic neuropathy can also cause nerve damage, leading to the loss of sensation, especially in the hands and feet.
The Emotional and Practical Impact of Sensory Loss
Losing a sense can also deeply affect a person’s emotional wellbeing. Many people who lose a sense experience feelings of grief, frustration, and anxiety. They may feel isolated and struggle with everyday activities that were once simple.
For example:
- Vision loss can make reading, driving, or even moving around difficult.
- Hearing loss can make communication harder, leading to social isolation.
- Loss of taste and smell can affect a person’s ability to enjoy food or detect dangerous situations, like a gas leak.
- Touch loss can increase the risk of injury, as someone might not feel pain or detect hot or cold surfaces.
When Can You Claim for Loss of a Sense Due to Medical Negligence?
Not all cases of sensory loss are caused by negligence, but if a medical professional makes a mistake that leads to a loss of one or more senses, it may be possible to claim compensation.
For a medical negligence claim to be successful, three things need to be proven:
- Duty of care: The medical professional or hospital had a duty to provide proper care.
- Breach of duty: The medical professional failed to meet acceptable standards of care.
- Causation: The failure to meet standards caused the sensory loss.
If all three conditions are met, you may be able to make a successful claim.
What Can You Claim for?
If you lose a sense because of medical negligence, you could be entitled to compensation for various types of harm, including:
General Damages
These are awarded for the physical pain and emotional suffering caused by sensory loss. This also includes any impact on your quality of life and independence.
Special Damages
These are intended to cover any financial losses resulting from the sensory loss, such as:
- Lost earnings if the injury affects your ability to work.
- Medical expenses for treatment or ongoing care.
- Care costs if you need assistance with daily tasks.
- Home adaptations if you need to modify your home to accommodate your loss.
What Should You Do If You Want to Make a Claim?
If you think your sensory loss is due to medical negligence, you should act quickly. Here’s what you should do:
- Consult a solicitor: A solicitor who specialises in medical negligence can help you assess whether you have a valid claim and guide you through the claim process.
- Act within the time limit: In most cases, you must bring a claim within three years from the date when you first knew about the negligence or the injury.
Contact our team of specialist clinical negligence solicitors and get started today.