Making a claim for nerve injury due to medical negligence.
A nerve injury is a debilitating condition that can cause extreme pain and numbness. Affected individuals may experience burning, tingling, shooting pain, pins and needles, or a sensation of hot or cold in the injured area. The effects of a nerve injury can be widespread, impacting the ability to walk, work, and participate in sports. In severe cases, a nerve injury can lead to partial or total paralysis.
Nerve injury due to medical negligence can arise in various situations. It can be caused by direct damage to the nerve during surgery, misdiagnosis, inappropriate medication prescriptions, delays in relieving pressure on the nerves during medical treatment, or infections that are not appropriately treated.
It’s important to note that nerve injuries can also happen without any negligence, such as rare complications from epidurals or spinal anaesthetics. In such instances, the claimant must prove that the injury was preventable and that there was a breach of medical duty, rather than the nerve damage being an unavoidable risk inherent in the medical procedure.
Given the increased risk of nerve injuries, surgeons must clearly explain those risks to patients prior to performing any surgery. They must also exercise due care and skill to avoid causing nerve damage.
Some nerve injuries require surgical intervention, such as nerve grafting, nerve transplantation, or surgical decompression. If pressure on a nerve in the spine is not addressed quickly and treated appropriately, it can result in serious medical conditions, such as cauda equina syndrome.
To successfully bring a medical negligence claim for a nerve injury sustained during medical treatment, you must prove the following elements:
- Breach of Duty: To establish negligence, you must show that there was a breach of the duty of care owed to you. This means demonstrating that the medical professional failed to meet the standard of care expected from a reasonably competent practitioner under similar circumstances. The duty of care exists because of the doctor-patient relationship but can also extend to non-medical staff who provide information about medical care.
- Causation: You must also be able to demonstrate, typically through expert medical evidence, that the healthcare professional’s breach caused or significantly contributed to the nerve injury you suffered.
If your medical negligence claim is successful, you can recover damages, also known as compensation. I addition to being compensated for you injuries and any lost earnings, you will also be entitled to reimbursement of your medical expenses, including the cost of medication, physiotherapy, occupational therapy, psychological therapies, speech and language therapy, surgery, hydrotherapy, gym memberships, alternative medicine, and fertility or sexual therapy.
If you have suffered a nerve injury due to medical negligence within the last three years and would like to know if you can claim compensation, please contact our friendly team of expert lawyers for an informal, confidential, and obligation-free discussion at no charge.
