Medical Malpractice in ENT

ENT medicine is a branch of medicine that specializes in the ear, nose, and throat system, as well as the head and neck of the human body. ENT medicine deals with, among other things, diseases and defects in the mouth, pharynx, ears, respiratory tract, salivary glands, thyroid gland, head and neck tumors, speech pathways, allergies, and more. It is important to note that medical malpractice lawsuits in the field of ENT are filed against ENT doctors and sometimes against family doctors.

As in any medical field, in the field of ear, nose, and throat, deviation from the reasonable standard of conduct by the doctor which results in damage – constitutes negligence. Where it can be proven that the damage was caused due to negligent treatment/lack of treatment, then there are grounds for filing a lawsuit against those responsible for the damage.

In order to determine the existence of grounds for a medical lawsuit, the following steps should be taken:

In cases where you have reason to believe that an ENT doctor or family doctor who treated one of the problems in the ENT field did not perform their work reasonably and caused you damage, you should immediately contact an attorney who specializes in medical malpractice. Unreasonable conduct by a doctor may include any of the following:

The doctor did not diagnose in a timely or proper manner a defect from which you are suffering, benign or malignant tumors in the ear-nose-throat areas.

The doctor ignored personal medical history (including allergies) and family history (diseases and defects) or symptoms of the diseases from which you suffered or complaints you raised with them.

The doctor did not refer you to tests such as imaging or blood tests or caused damage during treatment in the ear-nose-throat areas.

The doctor did not properly interpret the results of imaging, blood, or other tests.

The doctor gave you drug treatment that is not appropriate for the symptoms from which you suffered.

The doctor performed treatment or a medical procedure that is unprofessional and unskilled in the ear-nose-throat area.

Beyond the cases detailed above, it is important to note that even if you believe you underwent a medical procedure in the ENT field without the doctor obtaining your consent to perform it or without providing you with a detailed explanation of the possible alternatives to the procedure, the chances versus the risks and their nature (including rare risks) as well as possible side effects, and you suffered physical damage or mental anguish due to the lack of ability to choose, you may have grounds for medical malpractice in the ENT field.

In accordance with the Patient's Rights Law, the doctor must obtain informed consent from the patient for any procedure they are about to undergo. In such cases, a claim arises that the explanation given to the patient was partial or insufficient, such that they could not make a decision based on it and give their consent to perform the procedure. The courts have ruled that breach of this duty constitutes the tort of negligence.

For the purpose of examining the possibility of filing a medical malpractice lawsuit in the ENT field, it is necessary to obtain a medical opinion from an expert in the ENT field, in which the expert will detail what the medical malpractice was, its details, and what damages result from it. The attorney will refer you to an expert in the field who will examine the patient and the relevant medical documentation, and based on the expert's opinion, the attorney will assess the chances of the lawsuit and the amount of compensation. The greater the damages, the higher the compensation that the court will award.

If you visited an ENT doctor or family doctor regarding a problem in the ENT field or underwent treatment or surgery in one of the ENT areas, and as a result you suffered damages – you may have grounds for filing a medical malpractice lawsuit in ENT.

Ron-Festinger Law Office specializes in medical malpractice, with over 30 years of experience handling various types of personal injury lawsuits, including in the ear-nose-throat field. You can check the possibility of the existence of grounds for a lawsuit by contacting our office and receive information about your chances of success in a medical malpractice lawsuit in the ENT field.