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Published online by Cambridge University Press: 09 November 2023
[1] Tinnitus defies simple comparison with ordinary medical conditions but the analogy with pain from Dr Coles is apt.
[2] Not necessarily men, nor necessarily bright. Not even necessary in civil cases as the judge can also serve as a notional jury. British judges tend to specialise and are more astute than juries.
[3] More judicial attention might enhance the quantum of damages. Very severe tinnitus and hearing loss were awarded £7,000 and £12,000 in separate 1982 cases. Add the Lord Chancellor's annual adjustment for inflation. There is no precedent for adding £7,000 to £12,000 where a claimant suffers from both but it is certainly worth pleading separately. Compensation tends to be higher in non-industrial situations. Tinnitus was settled for £75,000 where a Hollywood actress had a pistol let off near her head in a Thames TV studio. She claimed, supported by 3 Beverley Hills psychiatrists, that her career was in ruins. The Medical Defence Union settled a case for £70,000. The civilian doctor allowed a young soldier to go back to firing a loud weapon after he had complained of tinnitus and hearing dullness initially. No audiogram was done’