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Can I Sue for Nerve Damage Caused During Surgery?

November 28, 2023Medical Malpractice

Nerve damage from surgery can deeply impact your life. These injuries can cause symptoms that range from persistent pain and discomfort to loss of mobility, sensory impairments, and even long-term disability. In these situations, you deserve justice—and if a surgeon’s negligence caused your nerve damage, you have the right to pursue a lawsuit against them. Contact an Augusta medical malpractice lawyer for a free case consultation.

Signs and Symptoms of Nerve Damage

Our nerves are responsible for relaying sensory information, controlling muscle movements, and regulating many automatic bodily functions. Essentially, they are the communication network that enables our bodies to interact effectively with the external environment. When these nerves are severed, compressed, or otherwise damaged, serious symptoms can occur.

Signs of nerve damage may include:

  • A burning sensation
  • Tingling or numbness in the extremities
  • Sharp pain in the affected area
  • Partial or complete paralysis
  • A cold feeling in the legs or arms
  • Heaviness in the legs or arms
  • Difficulty with bowel or bladder function
  • Uncontrollable twitching
  • Muscle atrophy
  • Loss of feeling or sight
  • Sexual dysfunction

How Surgical Malpractice Can Lead to Nerve Damage

Medical malpractice occurs when a healthcare provider deviates from the standard of care in their field, leading to patient harm. In the context of surgery, this can involve a range of errors or negligence.

For example, the incorrect use of surgical instruments, such as a scalpel, can sever or damage nerves inadvertently. Additionally, failure to properly position a patient during surgery can cause undue pressure on nerves, potentially leading to long-term nerve damage.

Below are additional examples of surgical malpractice that could lead to nerve damage:

  • Mistakes in extracting blood samples, which could damage nearby nerves
  • Severed nerves during knee replacement surgery due to inaccurate incisions
  • Inflammation of nerves caused by the incorrect application of surgical equipment
  • Excessive force applied to a nerve during the surgical procedure
  • Failure to diagnose or misdiagnose conditions that can exacerbate nerve damage during surgery

How to Prove a Lawsuit for Nerve Damage Caused During Surgery

You have the right to pursue legal action if you develop nerve damage due to surgical malpractice. However, there are several key facts, known as elements, that you must prove to recover compensation:

  • Duty of Care: First, you must show that the surgeon owed you a duty of care. All medical professionals owe their patients a duty to uphold the accepted medical standard of care.
  • Breach of Duty: Next, you must demonstrate that the surgeon breached this duty of care. This involves proving that the surgeon’s actions or inactions deviated from what a competent professional would have done under similar circumstances.
  • Causation: It is essential to establish a direct link between the breach of duty and your nerve damage. This means showing that your injury was a direct result of the surgeon’s actions or negligence.
  • Damages: Finally, you must prove that you suffered actual damages as a result of the nerve damage. This can include physical pain, emotional distress, loss of income, and additional medical expenses.

Successfully proving each of these elements is key to establishing a strong medical malpractice case. A Georgia medical malpractice attorney can guide you through this process, helping to gather the necessary evidence and expert opinions to support your claim. If you have not done so already, contact an attorney as soon as possible to discuss learn you can hold the negligent surgeon accountable.

Contact an Augusta Personal Injury Lawyer at Nicholson Revell Personal Injury Attorneys Today

For more information, please contact our Augusta personal injury lawyers at Nicholson Revell Personal Injury Attorneys to schedule a free consultation today.

We proudly serve Augusta, GA, and its surrounding areas:

Nicholson Revell Personal Injury Attorneys
4137 Columbia Rd, Augusta, GA 30907
(706) 722-8784