Potential causes of hearing loss
Common causes of conductive hearing loss include:
- Fluid in the middle ear following colds or allergies.
- Ear infections.
- Blockage of the Eustachian tube.
- A perforated eardrum.
- Excess earwax.
- A foreign object lodged in the ear canal.
- Congenital abnormalities affecting the outer or middle ear.
What is audiology negligence?
Audiology negligence occurs when an audiologist, hospital, GP, or other healthcare professional fails to diagnose, investigate, monitor, or appropriately manage hearing loss, resulting in avoidable injury or delayed treatment.
A missed or delayed diagnosis can have lifelong consequences, particularly for newborn babies and young children whose speech, language, educational, and social development depend on early intervention.
Paediatric audiology services in Ireland have been the subject of several national reviews in recent years, particularly concerning delayed or missed diagnoses of childhood hearing loss.
Coleman Legal LLP has acted for families whose children suffered avoidable harm due to negligent audiology assessments or failures to diagnose hearing impairment.
If you or your child have suffered hearing loss because of a delayed diagnosis or substandard medical care, our medical negligence solicitors can advise you confidentially on your legal options.
National newborn hearing screening programme
The HSE National Universal Newborn Hearing Screening Programme aims to ensure that:
- Every newborn receives a hearing screening within one month of birth.
- Diagnostic audiology assessments are completed by three months of age where required.
- Babies requiring treatment receive appropriate audiology and early intervention services before six months of age.
Early diagnosis allows hearing loss to be treated or managed during the critical stages of language and cognitive development and remains the recognised international standard of care.
How Coleman Legal LLP can help
Our medical negligence solicitors have more than 30 years of collective experience representing individuals and families affected by delayed diagnosis and medical negligence.
Coleman Legal LLP is accredited by:
- Action against Medical Accidents (AvMA).
- The Law Society of Ireland’s Clinical Negligence Accreditation Scheme.
We can assist by:
- Reviewing your medical records.
- Obtaining independent expert medical opinions.
- Assessing whether medical negligence occurred.
- Explaining your legal options.
- Representing you throughout the claims process.
Types of hearing loss
Conductive hearing loss
Conductive hearing loss occurs when sound cannot pass efficiently through the outer or middle ear.
In many cases, it can be treated successfully with medication or surgery if diagnosed promptly.
Sensorineural hearing loss
Sensorineural hearing loss occurs when there is damage to the inner ear or the auditory nerve.
This is the most common form of permanent hearing loss.
Potential causes of hearing loss
Common causes of sensorineural hearing loss include:
- Illness.
- Age related hearing loss.
- Head injuries.
- Congenital abnormalities affecting the inner ear.
- Exposure to loud noise or explosions.
- Ototoxic medication.
- Certain viral infections.
- Genetic conditions affecting hearing.
Mixed hearing loss
Mixed hearing loss occurs when conductive hearing loss and sensorineural hearing loss are present together.
This means there is damage affecting both the outer or middle ear and the inner ear or auditory nerve.
Because both types of hearing loss occur simultaneously, hearing impairment is often more severe than either condition on its own.
Potential causes of hearing loss
Mixed hearing loss may develop where a person experiences:
- Chronic middle ear disease together with inner ear damage.
- Long standing ear infections combined with age related hearing loss.
- Trauma affecting multiple parts of the hearing system.
- Congenital abnormalities involving both the middle and inner ear.
- Medical conditions affecting several parts of the auditory pathway.
What are ototoxic medicines?
More than 200 prescription and over the counter medicines are recognised as potentially ototoxic, meaning they may damage hearing or balance.
Medicines associated with permanent hearing loss include:
- Certain aminoglycoside antibiotics, including gentamicin.
- Cisplatin.
- Carboplatin.
Medicines associated with temporary hearing changes include:
- Aspirin.
- Quinine.
- Certain loop diuretics.
Exposure to excessive workplace noise while taking ototoxic medication may increase the risk of hearing damage.
Where ototoxic medicines are prescribed, baseline hearing assessments together with regular audiology monitoring should be considered throughout treatment.
Early detection may allow medication to be adjusted before permanent hearing loss develops.
Signs that hearing loss should be investigated
Hearing loss should be assessed promptly where a person experiences:
- Difficulty understanding conversations.
- Frequently asking others to repeat themselves.
- Ringing or buzzing in the ears (tinnitus).
- Difficulty hearing on the telephone.
- Increasing the volume of the television or radio.
- Difficulty hearing in busy environments.
- Delayed speech or language development in children.
- Problems with balance or dizziness associated with hearing changes.
The claim process
1. Consult our medical negligence solicitor
If you believe you have suffered hearing loss because of negligent medical treatment or delayed diagnosis, it is important to seek legal advice as early as possible.
2. We obtain your medical records
Your solicitor will obtain your medical records and instruct an independent audiology or ENT expert to determine whether the standard of care fell below what would reasonably be expected.
3. Court proceedings where appropriate
If independent expert evidence supports a claim, your solicitor will prepare and issue medical negligence proceedings against the relevant healthcare provider or hospital.
Statute of limitations
The general time limit for bringing a hearing loss claim in Ireland is two years from:
- The date of the negligent treatment; or
- The date of knowledge that the injury resulted from medical negligence.
Different limitation periods apply to children. In most cases, time begins to run from their eighteenth birthday.
Legal advice should always be sought promptly, as limitation issues can be complex.
Frequently Asked Questions
What is the difference between conductive and sensorineural hearing loss in a medical negligence claim?
Conductive hearing loss affects the outer or middle ear and is often treatable.
Sensorineural hearing loss results from damage to the inner ear or auditory nerve and is usually permanent.
The distinction is important because it affects treatment options, prognosis, and the value of a hearing loss claim.
Can I claim for hearing loss caused by ototoxic medication prescribed without adequate warning?
Yes. Healthcare professionals have a duty to advise patients of significant risks associated with prescribed medication.
Where hearing loss resulted because adequate warnings were not given or appropriate monitoring was not carried out, a medical negligence claim may be available.
Is there a minimum level of hearing loss required to bring a claim in Ireland?
There is no minimum level prescribed by law.
However, the severity and permanence of the hearing loss will influence the strength and value of the claim.
Audiological testing is typically required to determine the extent of hearing loss.
Can I claim for tinnitus alongside a hearing loss claim?
Yes. If tinnitus developed as a result of the same negligent treatment or delayed diagnosis, it can usually form part of the same medical negligence claim.
Independent medical evidence will be required to establish the connection.
What evidence is required for a hearing loss claim?
A hearing loss claim will generally require:
- Evidence of financial losses where applicable.
- Audiology reports confirming the type and severity of hearing loss.
- Medical records relating to the treatment received.
- An independent expert report from an audiologist or ENT consultant.
- Evidence establishing that the negligence caused or materially contributed to the hearing loss.
