Yes, if a surgeon's negligence leads to nerve damage, a patient may be eligible to file a medical malpractice claim to seek compensation for the physical, emotional, and financial consequences of the injury.
In the United States, about 40 to 50 million major surgeries are performed annually. With such a high volume of procedures, medical errors such as surgical mistakes, have become a significant concern. In fact, medical errors are now considered the third leading cause of death in the US.
If you believe that you or a loved one has suffered nerve damage due to a surgical error, it's advisable to consult with an experienced medical malpractice lawyer. They can guide you through the legal process and work to secure appropriate compensation for your injuries.
Was Your Nerve Damage Caused by Surgical Error?
Reach out to know your legal options (free and non-obligatory).
How Surgical Errors Result in Nerve Damage
Two kinds of healthcare professional mistakes can lead to nerve damage during surgery:
Physical Error
Surgeons operate close to nerves using surgical tools. Any slight pressure, stretching, or cutting done on the nerves can damage them. For example, a cut to the nerve can cause it to no longer transmit signals because the signal cannot jump through a gap in the nerve.
Anesthesia Error
Patients may also face potentially long-term nerve damage due to errors in different anesthesia procedures. Here are some of its common types:
| Procedure | Risk |
| Local Anesthesia | Risk of nerve damage when the syringe directly comes into contact with it. |
| Regional Anesthesia | Potential for nerve damage when injected into the spinal column due to the dense concentration of nerves. |
| General Anesthesia | Risk of nerve damage due to the patient's inability to sense discomfort in an uncomfortable position leads. |
When anesthesia errors happen, victims may have to deal with chronic pain, disability, or even death. Our medical malpractice lawyers aim to hold medical professionals accountable for their negligence, seek justice for individual victims and help to improve overall patient safety.
3 Types of Nerve Injuries
Nerve injury is split into three types: Damage to neurapraxia, axonotmesis, and neurotmesis.
| Neurapraxia | This is a minor injury, in which there is a temporary loss of nerve function, without any damage to the nerve. |
| Axonotmesis | This is a more serious injury, in which the nerves are stretched, causing nerve damage. With time, spontaneous recovery may occur. But in rare drastic cases, surgery may be required. |
| Neurotmesis | A severe nerve injury where the nerve is completely severed. |
Neurotmesis has no chance of spontaneous recovery. Given its severity and irreversible nature, neurotmesis underscores the critical importance of surgical precision and the potential consequences of medical negligence.
Signs and Symptoms of Nerve Damage
Nerve damage can cause various symptoms, depending on the location and type of nerves affected.
| Type of Nerve | Common Symptoms |
| Autonomic Nerves | - Inability to sense chest pain - Hyperhidrosis or too little sweating (known as anhidrosis) - Lightheadedness - Dry eyes and mouth - Constipation - Bladder dysfunction - Sexual dysfunction |
| Motor Nerves | - Weakness - Muscle atrophy - Twitching - Paralysis |
| Sensory Nerve | - Pain - Sensitivity - Numbness - Tingling or prickling - Burning - Problems with positional awareness |
Surgical errors can result in complex symptoms of damaged nerves and life-long consequences. If you experience any of these symptoms following a surgical procedure, you must talk to a doctor immediately.
Treatment Options and Associated Costs
Nerve injuries caused by surgical errors are not impossible to treat. In cases where it results in a gap between the ends of the nerve and cannot be re-connected, they are typically treated with the following nerve grafts:
- Autografts. Nerve tissues are sourced from within your body. It is usually taken from a sensory nerve that provides sensation to an area of your skin where sensation is not vital.
- Allografts. Nerve tissues are sourced from a cadaver. It is processed and sterilized to remove the risk of rejection and ensure it can be safely implanted.
These two graft procedures are performed to provide a pathway for axons in the nerve to re-grow across the gap. The cost of these procedures, according to a 2020 study, is as follows:
| Procedure | Inpatient | Outpatient |
| Allograft Cost | $25,751 | $13,143 |
| Autograft Cost | $29,560 | $12,635 |
Even after being discharged, patients often face significant ongoing costs associated with their medical procedures, such as prescribed drugs. As patients are prompted to recover after the surgery, many struggle to afford paying for their medication because they are unable to work.
For this reason, all medical expenses incurred—both past and future—due to medical malpractice should be compensated by liable healthcare providers.
How to Prove Negligence After Surgical Error
An initial investigation is required to prove negligence and establish a claim. Medical malpractice experts typically work with trusted medical consultants for this.
During said investigation, the legal team would aim to establish the following elements:
| 1. Duty of Care – Was there an appropriate doctor-patient relationship? |
| 2. Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care? |
| 3. Causation – Did your doctor’s actions/inactions directly cause you harm? |
| 4. Damages – What did these errors cost you? |
Once these elements have been pinpointed and established, our legal team can help you gather evidence, consult medical experts, and build a strong compensation case.
Looking for Medical Compensation for Nerve Damage?
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Speak to a Nerve Damage Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
