Nerve Damage After Surgery

Vero Beach, FL

Having surgery can be a scary experience. When it is often necessary to go “under the knife,” there are still risks associated with any surgery. This includes the potential for nerve damage.

Some amount of nerve damage in the weeks and months after surgery is normal due to swelling and inflammation. If the pain and loss of function continue, it may be a sign of a bigger issue. If the nerve damage was caused by medical negligence, then you might be able to file a lawsuit with the help of our Florida medical malpractice attorneys.

Based in Vero Beach, Gould Cooksey Fennell represents clients throughout Florida’s Treasure Coast region. We understand how difficult living with nerve damage can be and work with our clients to help them get the best possible outcome for their case. To learn more or to schedule an appointment with a Vero Beach medical malpractice attorney, contact our law firm today.

How Surgery Can Cause Nerve Damage

Nerves act like cables that carry electrical impulses between the brain and the rest of the body. These electrical impulses help a person to maintain certain autonomic functions (like digesting food, breathing, and sweating), move their muscles, and feel sensations. Nerves are located throughout the body, starting in the spinal cord or brain and extending to the arms, legs, pelvis, chest and abdomen, and face.

During surgery, it is possible for one or more nerves to be damaged. This can cause an injury to the nerves known as post-surgical neuropathy. This can happen in a few ways:

The body develops scar tissue around the surgical site. This scar tissue can constrict nerves, which impairs the function of the nerves.
The sheath covering a nerve, known as myelin, may be damaged during surgery. This is referred to as neuropraxia.
The nerve may be torn or cut during a surgery, a condition known as neurotmesis (cut nerve) or axonotmesis (damaged nerve).

Unfortunately, surgically induced neuropathic pain is common. Anywhere from 10 to 40% of patients experience chronic nerve pain after having surgery. While some nerve damage is temporary due to swelling and inflammation, other types of nerve damage may be permanent.

Symptoms of Post-Surgical Nerve Damage

The exact symptoms of nerve damage after surgery will vary based on exactly how the nerve was injured. A person may experience:

Burning
Tingling
Numbness
Loss of sensation
Muscle weakness
Muscle atrophy

For many patients, these symptoms go away a few weeks or months after surgery. If the symptoms continue beyond a few months, then the nerve damage may be permanent.

Doctors can use a few different tests to diagnose nerve damage. This may include:

Imaging tests such as MRI or CT scans to look for herniated disks, pinched or compressed nerves, growths, or other issues that may affect the nerves. This may include a specialized MRI, known as an MR Neurography, that is designed to show the nerves.
Nerve function tests, known as electromyography (EMG), measure and record electrical activity in muscles to find nerve damage. This involves putting a thin needle (electrode) into a muscle to measure electrical activity as the muscle contracts. Typically, a nerve conduction study is performed simultaneously using electrodes to stimulate the nerves using an electrical current. A medical professional will then assess how the nerves respond to the current.
Ultrasound test to look for swelling and/or constriction in the area.
Other nerve function tests, such as an autonomic reflex screen or a sweat test.

If a diagnosis of nerve damage is confirmed, then treatment will include options to manage symptoms. This may include pain relievers, such as anti-inflammatory drugs, anti-seizure medications like Neurontin, or Lyrica, topical lidocaine creams or patches, or antidepressants to help with pain. There are also potential treatments such as spinal cord stimulation, plasma exchange, physical therapy, scrambler therapy (to replace the pain messages being sent to the brain), or surgery.

Keep in mind that it is normal to have some level of nerve damage after any surgery. Unfortunately, some nerve damage is permanent. This can leave a person with chronic pain, loss of function, and depression or anxiety because of their nerve damage.

Can I File a Medical Malpractice Claim for Nerve Damage After Surgery?

Some nerve damage immediately after surgery, due to swelling and scar tissue, is considered normal. If you have permanent, excessive nerve damage after surgery, it may be due to medical malpractice. In this situation, you might be able to file a claim against the at-fault surgeon.

Medical malpractice lawsuits are a specialized type of personal injury claim. However, the standard for medical negligence cases is different. To win a medical malpractice lawsuit, you will have to prove the following:

The doctor owed you a duty of care (which can be shown through the existence of a doctor-patient relationship).
The physician violated that duty of care by not meeting the standard of care for the profession.
This violation caused nerve damage.
You suffered losses as a result.

Under Florida law, you must prove that a surgeon did not meet the standard of care for their specialty. To do so, you will be required to have another medical professional from the same field either testify in court or sign a sworn affidavit stating that the other physician violated the standard of care. For example, if you had spine surgery, then you will need another spine surgeon to provide expert witness testimony.

Nerve damage isn’t always caused by medical negligence. However, there are situations where a surgeon makes an error, such as cutting in the wrong area or not paying close enough attention, that causes damage to the nerve. If the nerve damage that you are experiencing is not typical of the type of surgery that you had, then it might be the basis of a medical malpractice lawsuit.

In Florida, you can recover financial compensation through a medical malpractice lawsuit. This may include money for:

Medical bills
Lost wages
Reduced earning capacity
Pain and suffering
Diminished quality of life
Emotional distress
Chronic pain

The process for filing a medical malpractice lawsuit in Florida is a bit different than for other types of claims. Your Vero Beach medical malpractice attorney will start with a pre-suit investigation to determine if the case has merit. This usually means having a medical expert review the case and sign an affidavit that states that, in their opinion, medical negligence caused the nerve damage.

The next step is serving a notice of intent to sue. This notice of intent is sent to the doctor and their insurance company. This gives the parties 90 days to investigate the case and discuss a potential settlement.

If the insurance company denies your claim, then your attorney will file a lawsuit in court. Negotiations will typically continue as the parties go through the discovery process and learn more about the claim. Most personal injury cases are resolved outside of court, but it may be necessary to go to trial to get maximum compensation for your losses.

Help for Post-Surgical Nerve Damage

Nerves are something that most of us don’t think about…until there is something wrong. Nerve damage after surgery can be incredibly painful. It can also impact your quality of life quite significantly. If your nerve damage was caused by a surgeon’s error, you might be able to file a medical malpractice lawsuit against them.

Gould Cooksey Fennell fights for the rights of people who have been harmed by medical negligence, including those who are struggling with post-surgical nerve damage and pain. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free consultation with a Florida medical malpractice attorney, give us a call at 772-758-8756 or fill out our online contact form.

Is There a Cap on Damages in Florida Medical Malpractice Cases?

Medical malpractice is a hot political issue in Florida, resulting in the legislature regularly seeking to limit the amount of non-economic damages (for things like pain and suffering) that an injured patient can recover. The most recent caps were overturned by the Florida Supreme Court, so there are currently no caps on non-economic damages for medical malpractice claims.

There is a cap on punitive damages in all Florida personal injury cases. Punitive damages are limited to the greater of $500,000 or 3 times compensatory damages. Reach out to Gould Cooksey Fennell today to talk to a Florida medical malpractice lawyer about your case.

How Long Do I Have to File a Claim for Nerve Damage After Surgery?

The statute of limitations for medical malpractice claims in Florida is 2 years. This means that you have 2 years from the date of the injury to file a claim. However, in medical malpractice claims, the clock starts running on the day that the injury happened OR when you discovered the injury. If you didn’t discover the nerve damage until a year after the surgery, then the statute of limitations will begin to run on the date of discovery, not the surgery date.

If you have been injured by medical negligence, we are here to help. Contact Gould Cooksey Fennell to schedule a free consultation with a Vero Beach medical malpractice attorney.

FREE PERSONAL INJURY CONSULTATION

No Fee Until We Win
$150M+ in Recent Personal Injury Verdicts & Settlements
U.S. News & World Report Best Law Firms for 10 Consecutive Years

Our firm is here to take that burden off of our clients and handle their claim completely. We will help you get the compensation you deserve.