Every surgery comes with risks. It is the responsibility of the surgeon and surgical team to minimize these risks and have a plan in place to prepare for any possibility. Unfortunately, not all surgeons and medical providers fulfill their obligations to patients. Preventable surgical errors and anesthesia mistakes can result in injuries such as nerve damage. In this scenario, the victim can file a medical malpractice lawsuit in West Virginia to pursue financial damages.

What Is Nerve Damage?

The body consists of bundles of nerves that are composed of neurons. Neurons use electrical and chemical signals to transmit information from your brain to your body. If a nerve suffers trauma or compression, it can cause irreversible damage. Nerve damage can result in a loss of sensation in the affected body part. It can also cause tingling, numbness and chronic pain. In addition, a nerve injury can impact the brain’s ability to communicate with muscles and organs. Nerve damage is often permanent, although treatments such as physical therapy may help to relieve symptoms.

Common Medical Errors That Result in Nerve Damage

The nerves can be damaged by compression, pressure, stretching or cutting. During an invasive procedure, the nerves are exposed and vulnerable to damage and injury. It is the surgeon’s responsibility to take due care to avoid nicking, slicing or damaging the nerves. A mistake when in close proximity to the nerves by the surgeon or assisting staff member can cause permanent nerve damage. Even a more minor form of damage, such as a surgical instrument rubbing up against a nerve, can cause inflammation and nerve pain.

If a surgeon does everything right during an operation, a patient can still suffer nerve damage due to errors in the administration of anesthesia. Anesthesia numbs a patient or puts him or her to sleep during an operation. A medical professional known as the anesthesiologist is responsible for mixing the correct concoction of drugs and administering it correctly, as well as monitoring the patient for signs that the anesthesia is not working correctly during the procedure.

Local anesthesia is administered using a syringe. During this process, it is critical for the anesthesiologist to avoid direct contact between the needle and one of the patient’s nerves. Regional anesthesia involves a shot to the spinal column, where there is a collection of nerves that transmits signals to and from the brain. A mistake by the anesthesiologist can lead to nerve damage to this cluster of nerves, which can result in permanent debilitation for the victim. Finally, making a mistake while administering general anesthesia could result in overall nerve damage, such as the inability to sense pain or discomfort.

When is Nerve Damage Medical Malpractice?

If you are diagnosed with nerve damage after undergoing a surgical procedure in West Virginia, consult with a medical malpractice lawyer about the possibility of filing a lawsuit. You can file a civil claim for nerve damage against a surgeon, anesthesiologist, surgical center, or another health care practitioner if someone’s negligence caused your injury. Negligence in a medical malpractice case refers to any act or omission that a reasonable and prudent medical practitioner would not have engaged in under similar circumstances.

Nerve damage is a common type of medical malpractice claim in West Virginia due to the high risk of this injury during many different medical procedures. If you or your lawyer can prove that another surgeon would have done something differently to prevent your nerve damage, you may qualify for financial compensation for your injuries. This may include damages for medical bills, lost wages, pain and suffering, and legal fees. For more information about this type of medical malpractice lawsuit, contact Manchin Injury Law Group to request a free case evaluation.

Understanding compensation for nerve damage after surgery

Nerve damage post-surgery can manifest in various forms – from numbness and sharp pain to muscle weakness and dizziness. It’s essential to recognize these symptoms early and understand their potential impact on your life​​.

The Causes Behind the Pain

Surgical procedures, no matter how routine, carry risks, including nerve damage. This can stem from several factors, such as surgical errors, improper use of anesthesia, or even pre-existing conditions like diabetes​​.

Is It Medical Negligence? Deciphering the Cause

Identifying whether the nerve damage was a result of medical negligence is key. Was it an avoidable surgical error or an inherent risk of the procedure? This distinction is crucial in determining your eligibility for filing a lawsuit​​.

The Legal Journey: Filing a Lawsuit for Nerve Damage

If you believe your nerve damage results from a medical error, you may have grounds to file a lawsuit. Key considerations include the permanence of the damage, the direct impact of the medical team’s error, and how it has affected your quality of life​​.

Choosing Your Champion: The Role of a Medical Malpractice Attorney

Navigating the legal waters of medical malpractice requires expertise. Consulting with an experienced attorney can provide invaluable guidance through the process of evidence collection, lawsuit filing, and negotiations​​​​.

What Compensation Can You Expect?

Compensation in nerve damage cases can cover a range of expenses, from medical bills to lost wages, and even pain and suffering. The severity of the damage significantly influences the compensation amount​​​​.

The Timeline: Patience is a Virtue in Legal Battles

The duration of such legal battles can vary greatly. While some cases are settled quickly, others may take years, especially if they go to trial​.

Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.


  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.


  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!


  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!


  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!


  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.


  • Great lawyers. They helped me with a West Virginia case.


  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!


  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.


  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.


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