Nerve Damage in Surgery – Do You have a Legal Case?

Surgery is invasive, and many people suffer from complications even when surgery has been a success. For example, if a doctor must cut open your chest, then it is unsurprising that you might lose sensation in the nerves near the point of entry.

Nevertheless, some nerve damage is the result of medical malpractice. Because a surgeon was insufficiently careful, a victim suffers nerve damage that was otherwise avoidable. If you would like to talk about your case, please contact one of our Miami medical malpractice lawyers today.

Signs of Nerve Damage

Nerves are made up of many bundled cells called fascicles, which themselves are bundled to make up the nerve. Nerves have a sheath called myelin, which offers protection.

A surgeon can accidentally damage nerves by nicking them, cutting them, damaging the myelin, or causing scar tissue to put pressure on a nerve. Common symptoms of nerve damage include:

  • Tingling
  • Numbness
  • Burning sensation
  • Muscle weakness
  • Impaired mobility
  • Complete loss of sensation

According to one study, up to 2% of all surgical patients will suffer permanent nerve injury. Others might suffer temporary nerve damage which can nevertheless be corrected with surgery or allowed to heal on its own as the nerves regrow. If you still experience nerve damage months after surgery, then you could be suffering a permanent problem.

Normal Versus Abnormal Nerve Damage

Not all nerve damage is avoidable. After all, a surgeon must cut into the body, and there are usually nerves at the site of entry. If you are experiencing symptoms of nerve damage, you might wonder whether the injury is normal or abnormal.

Our clients typically have a legal claim for medical malpractice when the surgeon causes much more nerve damage than a sufficiently careful surgeon would. For example, your surgeon might have nicked or punctured healthy nerves during surgery accidentally because he was not paying attention or was in a rush. Other surgeons might have destroyed healthy nerves due to a slip of the hand.

The real legal question is whether the doctor used the skill one would expect of a competent surgeon in similar situations. This can be difficult to know without meeting with a lawyer and possibly another doctor. If you experience nerve pain that is more than temporary, then you might have a legal claim.

Compensation Following Nerve Damage

At Dolan Dobrinsky Rosenblum Bluestein, our team works to maximize the amount of compensation our clients receive when they fall victim to surgical error. We can seek money to cover the costs of corrective surgery, rehabilitation, and painkillers. We have also obtained compensation for lost wages, pain and suffering, and other distress. Contact us today at 305-371-2692 to schedule a free consultation.