Rachel Marcus, instructed by Rebecca Drew of Fieldfisher, successfully represented a child who suffered hearing loss following surgery to remove an object stuck in his ear.

OXR inserted an unknown object into his ear and, after attempts to remove it at A&E, surgery was scheduled. At some point during the surgery the ossicular chain was damaged, resulting in permanent hearing loss in his right ear. The judge determined there had been a breach of duty after applying the Bolam and Bolitho tests. Damages were secured for ongoing care and treatment as well as compensation for previous suffering.