Brave Legal was recently contacted by a gentleman diagnosed with tinnitus and hearing loss, a condition typically associated with a work-related injury. Our medical negligence team investigated his claim as the client reported that his diagnosis was made after he underwent an MRI scan.
The client had no medical history of hearing loss or tinnitus, only developing symptoms after the scan. In our investigation it came to light that he was not provided with any hearing protection when he underwent the MRI scan.
This absence of hearing protection is a contradiction of The Royal Australian and New Zealand College of Radiologists’ MRI Safety Guidelines which states that all patients must wear ear protection during a scan.
His injuries unfortunately did not meet the impairment threshold to bring a claim for general damages (pain and suffering damages). However, as the actions of his medical provider resulted in an injury he would not otherwise have, we were able to guide him through an informal compensation process.
Hearing loss and tinnitus claims are often made after a worker is injured through exposure to loud noise at work. Injured workers can make a claim through Workcover to get financial support and assistance to manage their hearing loss injuries.
One of Australia’s top personal injury lawyers, Bree Knoester specialises in the areas of Workcover and Medical Negligence. If you would like to discuss a Workcover or Medical Negligence claim, contact Bree at (03) 9070 9816 or bree@bravelegal.com.au.
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Emma Holden
