A hearing loss compensation claim in Ireland may arise from occupational noise exposure, medical negligence resulting in avoidable hearing impairment, or acoustic shock caused by defective equipment.
In the medical negligence context, a hearing loss compensation claim arises when a healthcare professional fails to meet the standard of care expected of a reasonably competent practitioner in that speciality, and that failure causes or contributes to hearing loss.
The HSE Newborn Hearing Screening Programme screens approximately 6,000 babies per month; around 100 children per year are diagnosed with permanent childhood hearing impairment.
Claims involving medical negligence are exempt from the Injuries Resolution Board process under Section 3(3) of the Personal Injuries Assessment Board Act 2003.
Coleman Legal LLP acts for clients across Ireland in hearing loss compensation claims.
What is audiology negligence?
Audiology negligence or missed diagnosis by an audiologist may result in long-term medical issues or, in some cases, deafness.
Paediatric audiology in Ireland has been the focus of reviews in recent years, particularly regarding missed diagnoses of hearing loss.
Coleman Legal LLP has been engaged by families whose children have suffered medical problems due to substandard or negligent audiology hearing tests for these children.
Suppose your child has suffered hearing loss as a result of a missed diagnosis or medical negligence. In that case, you can talk with one of our medical negligence solicitors.
The HSE National Universal Newborn Hearing Screening Programme was implemented to ensure that newborn babies undergo a hearing loss screening within one month of birth.
Furthermore, its objective is to ensure that diagnostic audiology assessments are carried out on each child before three months and that audiological services and early intervention services are made available to babies in need of treatment before the attainment of 6 months of age.
This practice aligns with international standards and supports the contention that early detection is the most effective approach to addressing hearing impairment in children.
Results of misdiagnosis of hearing loss in children
The result of a misdiagnosis of hearing loss and/or delay in diagnosis can cause significant developmental issues for a child during the period they are untreated.
Common problems include, but are not limited to, the following
- Delay in vocabulary development;
- Delay in comprehension or sentence structure;
- Speech impairment;
- Poor academic achievement;
- Social functioning- isolation, anxiety, difficulty interacting with others and poor self-concept.
Hearing aids, cochlear implants, speech therapy and assistive listening devices are commonly used to treat and alleviate hearing impairment.
Children who have gone undiagnosed for some time may require additional speech therapy, educational assistance and behavioural therapy to assist their growth and development in later years.
Hearing aids require replacement every 4-6 years on average.
At the same time, speech therapy and behavioural therapy, together with educational assistance, may prove to be an ongoing expense for an indeterminate period into the future.
Types of hearing loss
- Conductive Hearing Loss
- Sensorineural Hearing Loss
- Mixed Hearing Loss
Conductive hearing loss
Conductive Hearing Loss happens when sounds cannot pass through the outer and middle ear.
This type of hearing loss can usually be fixed by medication or surgery.
Potential causes of conductive hearing loss
- Fluid in your middle ear from colds or allergies
- Ear infections
- Blocked Fluid via the Eustachian tube, which connects your middle ear and nose
- Hole in your eardrum
- Earwax stuck in the ear canal.
- An object stuck in your outer ear, e.g. a pebble or small bead
- Deformation of the outer or middle ear
Sensorineural hearing loss
Sensorineural hearing loss occurs after inner ear damage and is the most common permanent hearing loss or damage.
Potential causes of sensorineural hearing loss
- Illness
- Aging
- A blow to the head
- Deformation of the inner ear
- Being subjected to loud noises or explosions
- Ototoxic Medicines* (medication that can damage the ear, resulting in hearing loss, tinnitus, or vertigo (loss of balance/dizziness).
Mixed hearing loss
In some cases, conductive hearing loss occurs alongside sensorineural hearing loss (SNHL).
This means that there may be damage or injury to the outer or middle ear, the inner ear, or the nerve pathway to the brain.
Anything that causes conductive hearing loss or SNHL can result in mixed hearing loss.
The two together may make your hearing worse than it would be with only one type of hearing loss.
The claim process
1. Consult our medical negligence solicitor
It is advisable for you to speak to an experienced team of Medical Negligence Solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.
2. We obtain your medical records
After the consultation with your medical negligence solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging an independent expert is to establish whether there was any negligence on the part of the medical professional.
3. The medical negligence litigation process
Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will commence the process of issuing legal proceedings in Court against the medical professional and/or hospital.
Time limit
The legal time limit to make a hearing loss compensation claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence.
For children/minors, the time limit expires two years after their 18th birthday.
You can contact a solicitor to talk about your case and let you know about the statute of limitations applicable to your case.
Frequently Asked Questions
What types of hearing loss compensation claims can be made in Ireland?
In Ireland, hearing loss compensation claims fall into two broad categories.
First, occupational hearing loss claims arise where an employer failed to provide adequate hearing protection or to assess and manage the risk of noise-induced hearing loss in the workplace.
These claims are assessed by the Injuries Resolution Board before court proceedings can issue.
Second, medical negligence claims arise where a healthcare professional caused or failed to prevent hearing loss through substandard treatment, for example, failure to diagnose and treat a condition that was causing progressive hearing impairment, or avoidable injury to the ear during a surgical procedure.
Medical negligence claims are exempt from the Injuries Resolution Board process under Section 3(3) of the Personal Injuries Assessment Board Act 2003.
How long do I have to make a hearing loss compensation claim in Ireland?
In Ireland, the limitation period for a medical negligence claim, including a hearing loss compensation claim, is two years from the date of knowledge under the Statute of Limitations (Amendment) Act 1991.
Early legal advice is important to preserve evidence.
What evidence is needed to support a hearing loss compensation claim?
To support a hearing loss compensation claim in Ireland, the following evidence is typically required
- Audiological reports confirming the nature and degree of hearing loss;
- Medical records documenting the diagnosis and treatment history;
- An independent expert report establishing the cause of the hearing loss and confirming the breach of duty or negligence; and,
- In occupational claims, evidence of the noise levels in the workplace and the employer’s health and safety practices.
In medical negligence claims, evidence that the standard of care fell below what would be expected of a reasonably competent practitioner in the relevant speciality is required, as established in Dunne v National Maternity Hospital [1989] IR 91.
Do I have to go through the Injuries Resolution Board for a hearing loss compensation claim?
Whether you must go through the Injuries Resolution Board depends on the type of hearing loss compensation claim.
Occupational hearing loss compensation claims are generally required to be assessed by the Injuries Resolution Board before proceedings can issue, unless an exemption applies.
Medical negligence claims, including those arising from hearing loss caused by substandard medical treatment, are exempt from the Injuries Resolution Board process under Section 3(3) of the Personal Injuries Assessment Board Act 2003.
Note: the body was previously known as the Personal Injuries Assessment Board (PIAB) and was renamed the Injuries Resolution Board in October 2023.
Can a child make a hearing loss compensation claim in Ireland?
Yes. A child who sustains hearing loss as a result of negligence or an accident can make a hearing loss compensation claim in Ireland.
The HSE Newborn Hearing Screening Programme screens approximately 6,000 babies each month, with around 100 children per year diagnosed with permanent childhood hearing impairment.
Where that impairment is caused or contributed to by a failure to diagnose or treat an underlying condition, a medical negligence claim may arise.
For claims involving children, the two-year limitation period does not begin to run until the child reaches 18 years of age.
Hearing loss compensation claims on behalf of children under 18 must be brought by a next friend, usually a parent or guardian.
Coleman Legal LLP is a Dublin-based personal injury and medical negligence law firm acting for clients across Ireland in hearing loss compensation claims arising from occupational noise exposure, medical negligence, and acoustic shock.
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