Every surgery comes with some level of risk, and nerve damage is one of the potential complications that patients can face. While some nerve injuries are unavoidable, others result from errors made by the medical team. If you or a loved one has suffered nerve damage due to a surgical mistake or anesthesia error, you may have grounds to file a medical malpractice lawsuit. This guide will help you understand your legal options and what steps you can take to seek compensation for nerve damage caused during surgery.
Nerve damage occurs when the nerves, which are responsible for transmitting signals between your brain and body, are injured. Nerves are composed of neurons that use electrical and chemical signals to control sensations, movements, and bodily functions. When a nerve is compressed, stretched, or severed during surgery, it can disrupt these signals, leading to a range of symptoms.
Nerve damage can cause symptoms like tingling, numbness, chronic pain, and loss of sensation in the affected area. In more severe cases, it can impact the brain’s ability to communicate with muscles and organs, potentially leading to permanent disability. Although treatments like physical therapy may help alleviate some symptoms, nerve damage is often permanent, affecting the patient’s quality of life.
During surgery, nerves can be exposed and vulnerable to injury. Common causes of nerve damage include surgical errors, such as a surgeon accidentally cutting or stretching a nerve, or improper positioning that puts undue pressure on nerves. Even minor actions, like a surgical instrument pressing against a nerve, can cause damage.
Anesthesia errors are another potential source of nerve damage. An anesthesiologist must carefully administer anesthesia, whether it’s a local injection near a nerve or a regional block involving a nerve cluster, such as in the spine. Mistakes during these procedures can result in nerve damage that affects the patient’s ability to feel pain, move, or function normally.
Improper patient positioning during surgery can lead to nerve compression or stretching, which can cause damage. Factors like prolonged surgery time, the use of tourniquets, or failure to reposition the patient can increase the risk of nerve injury. Additionally, patients with pre-existing conditions, such as diabetes, may have a higher risk of nerve damage due to their medical history.
To determine if nerve damage is due to medical malpractice, it’s essential to understand the concept of negligence. Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm to the patient. If your nerve damage was caused by a preventable error that another competent medical professional would have avoided, you may have a case for malpractice.
It’s important to differentiate between inherent surgical risks and negligence. Not all nerve damage can be attributed to malpractice, as some level of risk is involved in most medical procedures. However, if your injury was preventable and occurred due to an oversight, lack of skill, or failure to follow standard protocols, it may qualify as malpractice.
If you suspect that your nerve damage was caused by a medical error, it’s crucial to act quickly. Medical malpractice claims have a statute of limitations, meaning there is a limited time to file a lawsuit. In West Virginia, the statute of limitations for medical malpractice cases is generally two years from the date of the injury. Consulting with a medical malpractice attorney early can help you understand your rights and build a strong case.
If you believe that negligence led to your nerve damage, take the following steps:
A medical malpractice attorney is crucial in helping you navigate the complexities of a lawsuit. They can assist in gathering medical records, consulting with expert witnesses, and negotiating with the medical provider’s insurance company. An attorney’s expertise can significantly increase your chances of receiving fair compensation for your injuries.
Filing a medical malpractice lawsuit involves several steps, including:
Victims of nerve damage caused by medical negligence may be entitled to various types of compensation, including:
The severity of your nerve damage, the impact on your quality of life, and the extent of negligence will all influence the amount of compensation you may receive. Your attorney will work to demonstrate the full extent of your damages to maximize your compensation.
If you or a loved one has suffered nerve damage due to a surgical error or anesthesia mistake, it’s essential to explore your legal options. Contact a medical malpractice attorney to discuss your case and learn more about your rights. At Manchin Injury Law Group, our experienced attorneys can help you understand your legal options and fight for the compensation you deserve. Schedule a free consultation today to take the first step toward justice.
Member at Manchin Injury Law Group
Practice Areas: Personal Injury
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.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
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