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Nerve damage is one of the most common complaints from people who file medical malpractice claims for serious injuries. During a surgical procedure, doctors are typically careful to avoid injuring or severing nerves. When mistakes are made and nerves are injured, additional surgeries and medical care might be necessary to repair the damage. Sometimes, patients go months or years without knowing their nerve was damaged, all the while suffering the consequences.
If you suffered nerve damage during a surgical procedure, you could be entitled to a medical malpractice lawsuit. Not every injury during surgery can be considered malpractice, so it is important to have an attorney review your case and help you understand how to proceed. In many cases, victims suffering nerve damage can get substantial compensation.
For a free case consultation, call The Queenan Law Firm’s Fort Worth attorneys for nerve damage from surgery. For your free case consultation, contact us at (817) 476-1797 as soon as you can.
When Is Nerve Damage Considered Medical Malpractice in Fort Worth, TX?
During surgery, a lot of things can go wrong. It is the doctor’s responsibility to ensure that those injuries and mistakes that can be avoided are, in fact, avoided. When doctors fail to do this, the injuries you face could be considered malpractice. Although some nerve damage is purely accidental, there are rules our Fort Worth attorneys for nerve damage from surgery can use to determine which cases involve medical malpractice.
Standards for Avoiding Nerve Damage
Doctors are held to a standard called a “standard of care” when performing surgery or providing any other medical treatment. This standard of care is based on the level of care and diligence that other similarly trained doctors would provide given the same circumstances. This is complex, but doctors are essentially held to a standard where their decisions should be supported by medical science and common practice.
When doctors fail to uphold the standard of care in a case, they are considered negligent. In general, “negligence” is the breach of a legal duty that you owed someone else. When doctors breach their duty to follow the standard of care, their mistakes can be considered negligence or medical malpractice.
When Nerve Injuries Qualify as Malpractice
When there is a bad outcome, it is important to have an attorney and other doctors review the case. They will look to determine whether the doctor followed the standard of care or not. If the doctor was doing everything right and the injuries occurred anyway, that is often considered an unfortunate accident, but not malpractice. If the doctor deviated from the standard of care and that led to the injuries, then the victim should be entitled to sue for medical malpractice.
It is not always easy to tell whether a nerve injury was caused by accident or by malpractice. Generally, if the doctor lacked the proper skill to perform the procedure or the doctor’s training or expertise was below standard, then malpractice is more likely. Malpractice is also more obvious if the doctor clearly should have taken other steps but decided to intentionally deviate from the standard of care, leading to nerve injuries.
Often, courts look to testimony from medical experts to determine whether or not there was a breach of duty and a violation of the standard of care.
Suing Doctors for Nerve Damage in Fort Worth, TX
If your doctor caused you nerve damage during a procedure, you could be entitled to sue them for your injuries. Medical malpractice lawsuits are common after these kinds of injuries, and patients may be able to seek compensation for the damages related to their injuries. This can include compensation for the following:
- Physical pain and mental/emotional suffering from the injury
- Lost wages related to the nerve damage
- Limitations and lack of enjoyment in personal activities brought about by the nerve injury
- Additional medical care needed to treat the injury
- Additional medical care needed to discover the injury and its cause
- Ongoing therapy needs
- Any additional costs related to the injury
It is important to talk to a Fort Worth attorney for nerve damage caused by surgery as soon as you can to start building a record of what damages you faced.
How Long Victims Have to Sue for Nerve Damage During Surgery in Fort Worth, TX
Victims of medical malpractice typically must file their claims within 2 years. This rule comes under Tex. Civ. Prac. & Rem. Code § 74.251(a). Note that this 2-year period begins running from the date of the injury (or the date of the last medical service if there is an ongoing course of care).
Unfortunately, it is quite common with nerve injuries that the doctor does not tell their patient about the injury and its cause. Many victims of nerve damage during surgery find themselves facing pain, numbness, paralysis, or other effects for days or weeks after surgery. During this time, the doctor might tell them that it is a normal effect of surgery and that the pain will go away.
When doctors give a false or incorrect reason for the pain to hide their malpractice – whether intentionally or accidentally – that could be considered “fraudulent concealment.” This could give victims additional time to file their case, but they must perform their due diligence and get second opinions within a reasonable timeframe. Sometimes, this can even save a case that has gone past the 2-year statute of limitations, but it is not guaranteed.
In any case, claims cannot be filed more than 10 years after the injury under § 74.251(b). Talk to a Fort Worth attorney for nerve damage from surgery as soon as you suspect any issues to prevent your case from being time-barred.
Call Our Nerve Damage Surgical Malpractice Lawyers Today
If you faced nerve damage during a surgical procedure, you could be entitled to financial compensation. Call the Fort Worth attorneys for nerve damage after surgery at The Queenan Law Firm today. Our phone number is (817) 476-1797.