Post-Surgical Nerve Damage and Medical Malpractice
Holding doctors and hospitals accountable for medical mistakes in Washington, D.C.
When vehicle accidents, product defects, or just the daily wear and tear of life require surgery, surgeons have a duty to provide competent medical care. This duty of competency includes understanding the risk of nerve damage during and after surgery.
Whether your doctor performs surgery at George Washington University Hospital, MedStar Georgetown University Hospital, Howard University Hospital, or any other Washington, D.C., hospital or ambulatory surgery center(s), the healthcare professionals must perform their surgeries according to acceptable medical standards.
If you suffer nerve damage from surgery, you may be eligible to file a medical malpractice lawsuit and recover damages from the hospital, surgeon, or other medical providers where your surgery was performed. At Nace Law Group, we understand when healthcare professionals are liable for medical malpractice and the damages patients may recover.
How do your nerves help you function?
Your nerves are in charge of sending messages and signals to and from your brain that allow you to move and feel certain body parts. Nerves are also responsible for helping you digest food, maintain a healthy heart rate, respond to stress, stay balanced, continue to breathe, and so much more.
What types of surgery can cause post-surgical nerve damage?
Post-surgical nerve damage occurs when your nerves are damaged during surgery. Some of the types of surgery (including repair and replacement) that can cause nerve damage include:
- Abdominal surgery
- Shoulder surgery
- Hip surgery
- Arm, elbow, or hand surgery
- Leg, knee, ankle, or foot surgery
- Surgeries for broken bones
- Spinal cord surgery
- Many other types of surgery
Post-surgical nerve damage refers to the nerve damage patients may experience after their surgery is complete.
What types of surgical mistakes may cause post-surgical nerve damage?
According to MVM Health, “nerve damage can be likened to a garden hose with an obstruction.”
Surgeons and other members of the surgical team should anticipate, respond to, and monitor the causes of surgical and post-surgical nerve damage. According to Medical News Today, some of the different causes for post-surgical nerve damage include:
- Injuries made to the nerve during the surgery
- Medical conditions that you already had before the surgery, such as diabetes or autoimmune diseases
- Not placing the limb in a comfortable or proper position during the surgery
- Improper use of surgical tools
- Incorrect or defective surgical equipment
- Failing to follow up or provide necessary treatment and guidance after surgery
Common post-surgical nerve damage
Some of the different types of nerve damage post-surgical include:
- Scar tissue formation around a nerve. The scar tissue can restrict the flow of the chemicals the nerve needs for health.
- Incomplete nerve recovery. Nerve roots that don’t fully heal may continue to send pain signals after surgery.
- Spinal instability. Surgery can sometimes destabilize spinal structures, creating shifts or looseness that exert pressure on nerves, leading to pain.
- Structural changes. Changes in the alignment of the spine during the healing process can compress nerves, causing pain.
- Recurrent disc herniation. A re-herniation, where repaired discs bulge again, can occur if the spine remains under stress, placing pressure on nerves once more.
What tests do doctors use to diagnose post-surgical nerve damage?
Common diagnostic tests include:
- EMG/nerve conduction s This test involves an electrical test of nerve function.
- Ultrasound imaging of the nThis test examines if there is swelling or constriction.
- MR nThis test is a specialized MRI scan for nerve visualization.
What are the symptoms of nerve damage?
According to Medical News Today, symptoms of nerve damage include:
- Numbness or tingling
- A burning or shooting pain
- Weakness in the area around the affected nerve
Other symptoms may include:
- Pain
- Burning feelings
- Sensitivity
- Twitching
- Digestive issues
- Feeling dizzy
- Paralysis
Why is nerve damage a serious injury?
Aside from the potential for chronic pain, nerve damage can lead to serious complications such as:
- Muscle atrophy. Nerves carry messages from your brain to the rest of your body. Any disruption in that messaging may leave you unable to move on your own. Over time, your muscles can atrophy, and you can experience contracture in the joints. Contractures can cause the joints to stiffen, tighten, and contract.
- Altered sensation. In some cases, nerve damage can eliminate pain and sensations entirely. While a pain-free life may sound pretty good, it can actually be quite dangerous: imagine not knowing if you were sustaining a burn or a fracture, or not knowing you were developing a pressure ulcer.
- Delayed healing. Damage to the peripheral nerves can slow down the healing process.
- Loss of involuntary function and systems. Some nerve damage can affect your ability to speak, eat, or even breathe on your own.
- Permanent paralysis. Nerve damage can cause you to be permanently paralyzed.
There’s also the risk of an infection.
What are the treatments for post-surgical nerve damage?
The recovery process differs for each patient. Some recoveries may take weeks or months. Some recoveries may take years or may be permanent.
One review in Annals of Surgery describing surgically induced neuropathic pain noted that persistent nerve-related pain may occur in notable proportions of patients after certain operations (for example, about 20–40% following mastectomy and thoracotomy).
Common treatment options for patients with nerve damage include:
- Physical therapy
- Additional surgeries
- Medications and prescriptions
- Dietary changes
- Acupuncture
- Electrical nerve stimulation therapy
- Braces or orthotics
Some emerging or experimental treatments include platelet-rich plasma and stem cell therapies, though these are not standard medical care.
Can I hold a hospital or surgeon liable for my post-surgical nerve damage?
Surgeons, anesthesiologists, hospitals, nurses, and other healthcare providers may be liable for post-surgical nerve damage in some cases.
Generally, to hold a healthcare professional accountable for medical malpractice, you must show that:
- There was a physician/patient relationship.
- The physician (or other healthcare provider) breached their duty of care, such as by failing to follow accepted medical standards.
- The breach of care (such as competent surgical care) caused you physical harm, such as nerve damage.
- Actual damages, such as medical bills to treat your nerve damage, loss of income, and pain and suffering.
In Washington, D.C., patients generally must give at least 90 days’ pre-suit notice under D.C. Code § 16-2802. If notice is served within 90 days of the limitations deadline, the time to file is extended 90 days from the date of service under § 16-2803.
In Washington, D.C., many medical malpractice claims are subject to a three-year limitations period. The filing deadline can depend on when the patient knew or reasonably should have known of the injury and its cause.
Get help from our experienced Washington, D.C., medical malpractice lawyers today
Please contact Nace Law Group through this contact form to schedule a free consultation. We handle medical malpractice claims in Washington, D.C., on a contingency fee basis.
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Christopher T. Nace works in all practice areas of the firm, including medical malpractice, birth injury, drug and product liability, motor vehicle accidents, wrongful death, and other negligence and personal injury matters.
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Holding doctors and hospitals accountable for medical mistakes in Washington, D.C.