Nerve Damage From Surgical Error

Every surgery carries inherent risks, but a surgeon’s job is to use the utmost care in each procedure. Nerve damage from surgical errors can be deeply distressing for patients. If you or someone close to you has suffered nerve damage due to medical negligence, you may be entitled to compensation for your harm. At Arfaa Law Group, our Baltimore surgical malpractice lawyers can examine the facts of your case and come up with a legal strategy for your potential claim accordingly.

Nerve damage can encompass a variety of injuries and can range from minor to severe. Nerves carry messages between the brain and the rest of the body. Thus, nerves are responsible for almost all actions and sensation in the body from your head to your toes. Among other things, they relay messages about pain, pressure, temperature, and movement. As a result, when nerves are damaged, this can have serious consequences for a person’s life. Unlike muscle tissue or bone, once nerves are severed or damaged, they do not heal.

Any surgery involves a certain degree of risk, but doctors must make every effort possible to avoid damaging major nerves while operating on a patient. Nerve damage during surgery can happen in the following ways:

• Incision in the wrong place: if a surgeon cuts directly through a nerve, there is no possibility of repair.
• Positioning damage to the nerve: improper positioning and a body part going “numb” during surgery can cause nerves to be pinched or compressed and damaged to the point that they will not function properly.
• Anesthesia overdose: whenever anesthesia is administered, it is important that the patient is in the right position and the anesthesia is delivered to the right location. When too much anesthesia is used, it can damage the nerves.
• Oxygen deprivation: some procedures require patients to be placed into positions that cut the circulation of blood to certain areas of the body. It is imperative to make sure that the patient’s oxygen levels are fine to prevent tissue and nerve death.
• Surgical tool issues: nerves can be damaged when a surgeon uses the wrong instrument. Also, a surgeon’s tool may rub against a nerve, causing inflammation and damage.

Preventable nerve damage resulting from a surgical error would be considered a form of malpractice. Medical malpractice is rooted in the legal theory of negligence. It arises when a person suffers harm under the care of a medical professional because the medical professional failed to exercise ordinary medical care and skill, based upon the generally accepted standard of care in that medical professional’s specialty. Put another way, medical malpractice takes place when nerve damage is a result of a surgeon’s error, carelessness, or wrongdoing. In order to establish malpractice in Maryland, the plaintiff’s attorney must prove by a preponderance of the evidence that a doctor-patient relationship existed, the doctor was negligent at some point during the surgery, and the doctor’s negligence was a direct cause of the patient’s nerve damage.

If malpractice is established, the plaintiff may be able to recover a wide range of damages, such as the cost of medical bills, pain and suffering, lost wages, loss of earning capacity, and loss of the ability to enjoy life. Of course, this is not an exhaustive list. Each case is different, and the specific dollar amount that a plaintiff will be entitled to obtain will depend on the nature and extent of the nerve damage from the surgical error.

Surgical errors can have lifelong consequences for a patient. If you or your loved one has suffered nerve damage due to a medical professional’s negligence, you need to reach out to a diligent Baltimore attorney without delay. At Arfaa Law Group, we will make every effort to get you the compensation that you deserve for your harm. We know how to handle these cases and have a history of helping patients throughout Maryland. To discuss your case in more detail, call us at 410-889-1850 or contact us online.