OXR v Mid and South Essex Hospital NHS Foundation Trust [2023] EWHC 2006 (KB) (01 August 2023)

OXR v Mid and South Essex Hospital NHS Foundation Trust [2023] EWHC 2006 (KB) (01 August 2023)

OXR was born on 8 May 2011. He is now aged 12. When he was aged five, he did what many other children do. He inserted a foreign body into his ear. His mother did what other responsible parents do in that situation. She sought medical help. This trial has been concerned with whether the surgery that followed on 4 April 2017 was negligently performed. [1]

On the morning of 3 April 2017, OXR reported to his mother, that he had put something into his ear. [4]

The surgery [4 April 2017] to remove the foreign body was undertaken initially by registrar was not able to remove the foreign body. He sought assistance from Consultant ENT Surgeon who was operating in an adjacent theatre. [21]

while in theatre, OXR sustained a tympanic membrane perforation and disruption to the entire ossicular chain (the three connecting bones in the ear). The oval window (base of the stapes bone) was partially sheared off and there appeared to be leakage of the perilymph. [23]

The principal issue in this trial is whether C has proved on the balance of probabilities that the injury he sustained in theatre on 4 April 2017 was caused by a breach of duty on the part of either surgeon, while attempting to remove and/or removing the foreign body from his ear. [32]

Liability is proved. [120]