Surgery always comes with risks. But when something goes wrong, and the result is lasting nerve damage, patients are left wondering whether it was a known complication or a preventable error. The effects can be life-altering — from chronic pain to limited mobility, even loss of income.
Most people trust their surgeons implicitly. Yet, when complications arise, it can be difficult to tell whether the damage was a result of negligence or simply an unavoidable outcome. Understanding this distinction is key in determining whether legal action is possible.
So, can you sue a surgeon for nerve damage if it happened during a surgical procedure? The answer is yes. When the nerve damage is caused due to medical malpractice, you can file a lawsuit.
Understanding the Basics of Medical Malpractice
Not every medical complication leads to a valid lawsuit. In legal terms, a malpractice claim requires four elements:
- Duty of Care – The doctor had a responsibility to treat you according to accepted medical standards.
- Breach of Duty – The doctor failed to meet that standard.
- Causation – The failure directly caused your injury.
- Damages – The injury resulted in measurable harm such as pain, lost wages, or medical bills.
In the case of nerve damage, a surgeon may argue that the injury was a known surgical risk. However, if the injury occurred due to poor technique, miscommunication, lack of planning, or a preventable error, it may rise to the level of negligence.
Common Surgical Scenarios Leading to Nerve Injury
Nerve damage can happen during many types of surgeries — from orthopedic and spinal procedures to dental or cosmetic operations. The most common causes include:
- Improper use of surgical instruments
- Incorrect patient positioning
- Failure to identify or protect nerves during surgery
- Anesthesia-related errors
- Post-operative complications that were not managed correctly
Sometimes, nerve damage may be temporary and improve with therapy. In other cases, the damage may be permanent. The extent and impact of the injury often influence whether a lawsuit is viable.
Signs That the Injury May Involve Negligence
Not all nerve injuries are clear-cut, but there are red flags that may suggest surgical error:
- You were not informed about the risk of nerve damage beforehand.
- The damage was not identified or treated quickly.
- Medical records suggest deviation from standard procedures.
- A second medical opinion indicates the injury was avoidable.
- Similar incidents have occurred with the same provider or hospital.
An experienced medical malpractice attorney will often review surgical reports, speak with expert witnesses, and assess whether the surgeon’s actions were in line with professional standards.
Time Limits for Filing a Claim
Every state has a statute of limitations for medical malpractice lawsuits. This is the legal time frame in which a claim must be filed. Depending on the jurisdiction, it may be one to three years from the date of the injury or from the time the injury was discovered.
Delaying legal action can make it harder to prove your case. Medical records can get lost, and memories fade. That’s why it’s essential to act quickly if you believe nerve damage may have been caused by negligence.
What Compensation Might Look Like
If a malpractice claim is successful, compensation can cover a range of damages, including:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Physical therapy and rehabilitation costs
Some states also place caps on non-economic damages. A qualified lawyer can help you understand what to expect based on your situation and location.
Final Thoughts
Nerve damage after surgery is not always the result of medical malpractice. But when it is, the consequences can be profound. Patients deserve answers, and when negligence is involved, they also deserve justice.
Knowing your rights is the first step. The law cannot reverse the damage, but it can provide a path toward accountability and financial recovery.