Nerve damage is a potential complication of surgery, but some injuries result from preventable medical mistakes. If a surgeon or another healthcare provider fails to meet the accepted standard of care and causes nerve damage, the injured patient may have grounds for a medical malpractice lawsuit.
A successful claim generally requires evidence that negligent medical care caused an injury. Not every case of postoperative nerve damage qualifies as malpractice, even when the consequences are severe.
When Is Nerve Damage During Surgery Considered Medical Malpractice?
Nerve damage may constitute medical malpractice when a healthcare provider fails to exercise the level of care and skill expected of a reasonably competent provider under similar circumstances.
Surgery sometimes involves unavoidable risks, including nerve injuries. However, a complication may support a malpractice claim if it resulted from negligent surgical techniques, improper positioning, or another departure from accepted medical standards.
The key question is whether the provider’s conduct fell below the applicable standard of care and caused harm that appropriate treatment could have prevented.
What Surgical Errors Can Cause Nerve Damage?
Nerves can be injured during surgery when medical instruments, equipment, or improper techniques place excessive pressure on sensitive tissue.
Examples of surgical errors that may cause nerve damage include:
- Accidentally cutting or puncturing a nerve
- Improperly positioning a patient during surgery
- Applying excessive pressure or traction to nerves
- Using surgical instruments incorrectly
- Failing to recognize and address a nerve injury
- Improperly placing surgical hardware or implants
Some nerve injuries occur even when surgeons follow appropriate procedures. Determining whether an injury resulted from negligence typically requires reviewing the surgical records and relevant medical evidence.
What Are the Symptoms of Nerve Damage After Surgery?
Symptoms of nerve damage vary depending on which nerves were affected and the severity of the injury. Some patients experience symptoms immediately after surgery, while others notice problems during recovery.
Common symptoms include:
- Numbness or reduced sensation
- Tingling or burning sensations
- Sharp or shooting pain
- Muscle weakness
- Difficulty moving an affected limb
- Loss of coordination or balance
- Partial or complete paralysis
These symptoms may interfere with everyday activities, including walking, driving, working, or performing household tasks.
Persistent or worsening symptoms may require further medical evaluation to determine the cause and extent of the injury.
Can Nerve Damage From Surgery Be Permanent?
Some nerve injuries improve over time, while others cause lasting impairment. Recovery depends on the type of nerve injury, its location, the extent of the damage, and whether effective treatment is available.
Mild nerve injuries may heal with time, physical therapy, or other conservative treatments. More serious injuries may require additional surgery, medication, or long-term rehabilitation. In severe cases, patients may experience permanent weakness, chronic pain, loss of sensation, or paralysis.
How Do I Prove That a Surgical Error Caused My Nerve Damage?
Proving medical malpractice generally requires showing that a healthcare provider owed the patient a duty of care, breached the applicable professional standard, and caused an injury that resulted in damages.
Evidence used to establish these elements may include:
- Medical records documenting the patient’s condition before surgery
- Surgical reports and anesthesia records
- Postoperative treatment records
- Diagnostic imaging and nerve conduction studies
- Testimony from qualified medical experts
- Documentation of financial losses and ongoing symptoms
A poor surgical outcome alone does not establish malpractice. The evidence must connect the alleged error to the patient’s harm.
Who Can Be Held Liable for Nerve Damage Caused by Surgery?
Liability depends on who caused the injury and the circumstances surrounding the procedure. More than one healthcare provider or medical entity may share responsibility.
Potentially liable parties include:
- Surgeons
- Anesthesiologists
- Nurses and surgical staff
- Hospitals
- Surgical centers
- Other healthcare providers involved in the procedure
A hospital or surgical facility may also face liability for its own negligence or, in certain circumstances, the conduct of healthcare professionals working on its behalf.
How Long Do I Have to File a Medical Malpractice Lawsuit in California?
Under California Code of Civil Procedure § 340.5, most medical malpractice lawsuits must be filed within three years of the injury or one year after the patient discovers, or reasonably should have discovered, the injury, whichever occurs first.
Certain exceptions and special rules may affect these deadlines. California also generally requires at least 90 days’ advance notice before filing a professional negligence lawsuit against a healthcare provider.
Contact Robles Babaee, Personal Injury Lawyers for a Free Consultation With a Santa Ana Medical Malpractice Attorney
Nerve damage caused by a surgical error in Santa Ana, California, can lead to ongoing pain, expensive treatment, and lasting physical limitations. Patients who believe negligent medical care caused their injuries may have grounds to pursue compensation.
For more information, contact Robles Babaee, Personal Injury Lawyers to schedule a free consultation with a Santa Ana medical malpractice lawyer today.
We serve Cobb County. Visit our office located in Santa Ana, California.
Robles Babaee, Personal Injury Lawyers
1851 E 1st St, Suite 810, Santa Ana, CA 92705
(714) 263-3700