When surgery is successful, it can be a positive, life-changing experience for the patient. However, when something goes wrong during a surgical procedure, a patient may suffer serious injury. For example, when members of a surgical team leave foreign objects inside a patient, the objects can damage tissue, blood vessels and organs or cause life-threatening infections, among other harmful consequences.
When surgeons are negligent during surgery and damage a patient’s nerves, you could be affected for the rest of your life. You could have ongoing pain, numbness, difficulty moving or even paralysis. The damage could mean you can no longer work, participate in many of the activities you used to enjoy, or care for your family and others as you did before the nerve damage occurred. These effects can be devastating, leading to depression, stress and anxiety about the future.
If you are suffering from the effects of nerve damage that you believe occurred during surgery, you may be wondering where to turn for help. Many people who have been injured by medical malpractice are unsure about their legal rights and their best option for pursuing justice. In this post, I will answer some of the questions you may have and help you understand why it is important to get help from experienced Florida medical malpractice attorneys and sue for nerve damage from surgery.
How Can Surgery Cause Nerve Damage?
Nerve damage can be the result of a traumatic injury or a medical condition (such as diabetes); however, nerve damage can also occur during a surgical procedure due to a surgical error. Because nerves are found throughout your body, nerve damage can happen in almost any type of surgery. When caused during surgery, nerve damage can be the result of:
- Cutting. A cut or nick made by a surgical instrument can lead to paralysis in the part of the body serviced by the nerve.
- Puncturing. A needle can puncture or cut a nerve during surgery if the needle is being used to extract blood or administer anesthesia.
- Stretching. Although surgeons are trained to be delicate and work around nerves, surgical tools such as a retractor can stretch nerves too far during a procedure. Stretching of a nerve can also happen when a patient is improperly positioned or moved during surgery.
- Surgical tools, tourniquets or improper manipulation by the surgeon or another member of the surgical team can put too much pressure on a nerve and cause damage.
If you believe you have nerve damage that occurred during surgery, it is important to get the medical treatment you need as well as expert legal advice on how to proceed. An experienced medical malpractice attorney can help you hold the surgeon or other health care providers accountable for negligence and help you obtain the compensation you need and deserve.
What Are the Symptoms Associated with Nerve Damage?
Your nervous system is broadly divided into two parts, the central nervous system, which is made up of the brain and spinal cord, and the peripheral nervous system, which is made up of nerves that extend to all parts of the body, including your internal organs, by branching off the spinal cord. The human nervous system transmits signals between the brain and the rest of the body, so when nerves are damaged, different parts of the body and their functions can be affected, depending on where the damage occurred.
The symptoms you may experience if nerve damage has occurred during surgery will vary depending on where the damage occurred. However, common symptoms of nerve damage include:
- Tingling or numbness in the extremities (arms, legs, hands, feet)
- A burning sensation near the injury or along the nerve
- Loss of feeling
- Twitching
- Pain near the affected area
- Cold in the extremities
- Loss of the ability to regulate bowel or bladder function
- Loss of sight
- Sexual dysfunction
- Muscle atrophy
- Paralysis
- Difficulty holding things or lifting feet
When Is Nerve Damage That Occurred During Surgery Considered Medical Malpractice?
When contemplating bringing a claim for damages against a physician or another health care provider, it is important to understand how the Florida law defines medical malpractice. The law recognizes all medical conditions as well as all medical procedures and treatment have inherent risks. Accordingly, not every adverse result can be considered a byproduct of medical malpractice. However, when a mistake could and should have been prevented had the medical care provider exercised reasonable professional care, the law considers it medical malpractice and allows the injured victim to pursue compensation through a medical malpractice lawsuit.
For nerve damage that happens during surgery to be legally actionable, the surgeon (or another health care professional) must have violated the applicable “standard of care.” In the State of Florida, the standard of care is set forth in Florida Statute 766.102(1) and is defined as “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
In a Florida medical malpractice lawsuit, the legal question that must be answered is “Would other reasonable surgeons (or other health care providers) with the same or comparable education and experience have done the substantially the same thing given the same set of circumstances?” If the answer is “no,” the healthcare professional may be found to have violated the standard of care and can be held liable for medical malpractice.
Is There a Time Limit for Filing a Nerve Damage Medical Malpractice Lawsuit in Florida?
If you (or a loved one) suffered nerve damage during a surgical procedure in Florida, you need to be aware that Florida imposes a relatively short statute of limitations on medical malpractice lawsuits. A statute of limitations refers to the time frame within which an injured victim must initiate legal action against a defendant. Failure to file a lawsuit before that statute of limitations expires effectively waives your right to pursue a lawsuit against the at-fault party and permanently deprives you of your ability to obtain the compensation that you otherwise would have had under the law.
Florida Statute Section 95.11 sets the statute of limitations for medical malpractice at two years from “the time the incident giving rise to the action occurred or within two years from the time the incident is discovered or should have been discovered with the exercise of due diligence.” Florida also has a statute of repose that places an upper limit of four years from the date of the incident or occurrence out of which the cause of action accrued, except in an action brought on behalf of a minor on or before the child’s eighth birthday. Furthermore, in the rare case where a potential defendant prevented you from discovering the medical negligence through fraud or misrepresentation, the statute of repose allows you to reach back to negligent acts that occurred 7 years earlier. But, in most instances, you should assume that you have only 2 years from the negligent acts to pursue a medical malpractice claim. In short, it is essential to consult with a highly qualified medical malpractice attorney as soon as possible to determine what legal rights you may have.
What Compensation Might I Receive from a Nerve Damage Medical Malpractice Lawsuit?
Unfortunately, nerve damage is often permanent, meaning the victim of nerve damage caused during surgery may have to live with the pain and suffering caused by that damage for life. While pursuing a medical malpractice lawsuit cannot correct or cure the nerve damage, it can hold the responsible party (or parties) accountable and provide compensation for things such as:
- Physical pain and suffering.
- Emotional trauma and anguish related to the nerve damage.
- Medical expenses. This may cover past, ongoing and future medical expenses that are a result of the nerve damage and may include hospital bills, office visits, medical procedures, mental health counseling, travel expenses, medications and specialized equipment.
- Rehabilitation. The cost of time spent in a rehabilitation facility, outpatient therapy, or in-home assistance could be compensable, as can any anticipated future expenses.
- Lost wages. Income lost because of not being able to work or work in the same capacity.
- Diminished earning capacity. Future lost income may be compensable.
- Your family’s losses. The loss of your companionship, guidance and assistance may be compensable.
- Other damages recoverable under Florida law.
Do I Need a Medical Malpractice Attorney to Sue for Damages from Nerve Damage after Surgery?
Yes; it is essential to have a highly trained and skilled medical negligence attorney to pursue your medical malpractice claim successfully. The law in this area is extremely complex and full of stumbling blocks that can result in your case being thrown out of court if the attorney is not thoroughly knowledgeable and experienced in this very specialized area of the law. Furthermore, Florida law requires specific types of experts to support your claim and even properly securing these experts requires expertise, as well as significant financial resources, by the lawyer handling your case.
Consequently, litigating and trying a medical malpractice claim often involves complex issues, both legal and factual. To be successful and to recover compensation, an injured victim must prove that an act or omission on the part of a health care provider amounts to a breach of the prevailing professional standard of care. To do this effectively, you need the assistance of superb trial lawyers and experts. .
The Florida medical malpractice attorneys at Boyers Law Group have the experience, skill, dedication and resources needed to aggressively and successfully pursue a claim for injuries suffered because of nerve damage caused during surgery. We will zealously work on your behalf to hold the surgeon or other health care providers accountable for negligence and obtain a full and just settlement or jury award for the injuries you suffered.
Please call us at 305-512-7600 or submit the “Tell Us What Happened” form on our website to get expert advice from an experienced Florida medical malpractice attorney.