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Who Is Liable When Surgery Causes Belated Nerve Damage?

May 10, 2023 | Medical Malpractice

The surgeon's team performs an operationUndergoing surgery can be a daunting experience, and one of the risks patients are warned about is the potential for nerve damage. Nerves are delicate structures that transmit signals between the brain and the rest of the body. If nerves are damaged during surgery, such damage can lead to a range of complications, including pain, numbness, and weakness. However, what happens if nerve damage doesn’t become apparent after the surgery? Who is responsible for the resulting options? Speak with a medical malpractice lawyer to understand your legal options to recover compensation for losses incurred due to surgical negligence. 

Our lawyers at Goza & Honnold understand that medical professionals owe patients a standard of care deemed appropriate by their specialty or profession. If you have been harmed due to surgical negligence that resulted in belated nerve damage, we can conduct an investigation to obtain evidence and determine all liable parties involved to pursue compensation. 

What Is Delayed-Onset Nerve Damage?

Belated nerve damage, or delayed onset nerve damage, occurs when nerve injury symptoms do not appear until some time after surgery. In some cases, these symptoms may not emerge until weeks or months later.

The causes of belated nerve damage can vary. However, if a patient’s nerve damage was caused by surgical negligence, it is your legal right to hold the surgeon accountable for any resulting losses.

Possible causes of surgical nerve damage may include the following:

  • Incorrectly administered anesthesia
  • Incorrect extraction of blood samples via needles
  • Hernia surgery
  • Knee replacement surgery
  • Incorrect use of medical tools 
  • Failure to diagnose or misdiagnosis of certain health conditions related to the nervous system
  • Nerve damage caused by a scalpel
  • Inflammation of the surrounding tissue due to incorrect use of surgical equipment
  • Excessive force on the nerve during surgery
  • Incorrect positioning of patients during surgery

Through a comprehensive investigation, your medical malpractice lawyer can evaluate the cause of your surgical nerve damage and obtain evidence of liability. We work with medical experts to testify on your behalf on how your surgeon may have deviated from the standard of care, resulting in nerve damage. 

Liability in a Surgical Error Claim

Determining liability in cases of belated nerve damage can be challenging. Generally, medical professionals have a duty to provide patients with a reasonable standard of care. This means they must follow established protocols and guidelines and take all necessary precautions to minimize any risk of harm. 

To ensure a successful outcome in a surgical negligence case, you must demonstrate the following elements to prove fault: 

  • The surgeon or medical professional owed the patient a duty of care
  • The surgeon or medical professional breached the duty of care
  • That breach was a direct cause of the patient’s injuries
  • The patient incurred economic and non-economic losses due to the breach

If a medical professional fails to provide a reasonable standard of care and a patient suffers nerve damage during surgery, the surgeon may be held liable for medical malpractice. However, proving medical malpractice can be difficult without the help of a lawyer on your side, as the timing of nerve damage symptoms can complicate the legal process.

Contact the Medical Malpractice Lawyers at Goza & Honnold

Belated nerve damage can be a debilitating complication due to surgical negligence. Determining liability in these cases can be complex and often requires input and testimony from medical experts, a comprehensive investigation, and aggressive negotiations with insurance adjusters. You may be eligible to pursue compensation with the help of the medical malpractice lawyers at Goza & Honnold. To find out whether you have a qualifying claim, contact us today.

Schedule a no-cost consultation with one of our medical malpractice lawyers by filling out a contact form or calling (913) 451-3433.