Ear surgery after negligent piercing

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Ear surgery after negligent piercing

29th July 2008

For many years the risk of high ear piercing and cartilaginous injury to the ear has been reported in the press. Unfortunately this still remains an unknown risk to many young persons entering a piercing salon.

Fentons were asked to assist a client who was approaching his 18th birthday at the time of the incident. He had attended a salon in Brighton, with a request to have his upper ear pierced. Our client underwent a piercing to his upper ear. The result was a partial crush injury to the cartilage of the left ear, which caused infection to set in. This caused our client to be hospitalised and to have surgery to remove the infected ear cartilage.

Legally all persons who practice ear piercing must be registered with their local authority, who have in turn produced and adopted guidance from Infection Control Committees. This is produced for the benefit of both the salon operator and the customer.

In this case the Salon failed to advise our client about the risks of the procedure. Upper ear piercing is classed as body piercing as it involves more serious risk of injury than piercing of the lobe. It is advised in the guidance that specific warnings and after care advice should be given for cartilage piercing. Our client has indicated that if he had been aware of the risks he would never have undergone the procedure. Due to the failings of the salon, our client has been left with a permanent scarring and deformity to the left ear.

The insurers for the Salon have now admitted liability on behalf of their client.

How can Fentons help?

The Salon initially attempted to claim that they had done nothing wrong. After Fentons involvement, the insurers accepted that the failure to follow the guidance meant that their client was liable. This is an unusual area of law, which requires specialist advice. Fentons have an experienced Defective Product Liability department. Our solicitors have many years of experience in dealing with this difficult area of law. Our client will now be compensated for his injuries.

If you require further information, please contact Jerard Knott on 0161 684 6619.