Nerve Injury Compensation Claims
If you have suffered avoidable nerve damage following an operation, our specialist solicitors can advise whether you may be entitled to make a nerve injury compensation claim.
The function of nerves
A healthy, fully-functioning nervous system is fundamental to the effective functioning of the body.
Nerves radiate out from the central nervous system to create an extraordinary network of message-carrying pathways between the brain, the spine and stimuli receptors and muscles throughout the body.
Receptors identify and respond to the stimuli within and around us such as light, sound and touch. They inform us (our brain) of what is happening around us and enable us to make decisions as to how we will respond to our changing environment.
Nerves also pass instructions from the brain to the muscles to carry out actions such as eating, movement and speech.
If the nerves are damaged, messages may not reach the brain and instructions from the brain may not reach the muscles. Consequently, the individual may lose their ability to move, speak and control their bowel and bladder.
Nerve damage in surgery
Damage to the nerves is a risk in many forms of surgery, particularly abdominal surgery.
This may be due to a number of different reasons:
- The surgeon has misidentified the internal anatomy leading to a mistake in surgery
- Accidental damage with a surgical instrument
- Compression of a nerve due to prolonged and/or inappropriate positioning of the patient
Femoral nerve damage
The femoral nerve provides function to the legs by enabling hip and knee movement. If this muscle function is impaired, the movement of the legs and the ability to walk will suffer also.
The nerve also registers sensation in the thigh.
The location of the femoral nerve, however, stretching from the lower region of the spine and through the pelvic area, makes it extremely vulnerable to damage during abdominal surgery.
Patients undergoing surgery such as a hysterectomy or hip replacement may suffer nerve injury during their procedure. The nerve may become compressed, stretched or cut.
Peroneal nerve damage
The peroneal nerve is a branch of the sciatic nerve below the knee which provides movement to the ankle.
If the nerve becomes damaged or compressed, it can cause foot drop which impacts on the patient's ability to walk.
Compression of the peroneal nerve occurred in a client who was left in the lithotomy position for an extended period during surgery. The lithotomy position is where the patient lies on their back but their legs are raised and supported to allow access for surgery related to the pelvic region.
During his surgery, our client's leg muscles became deprived of oxygen, causing them to swell. This led to compartment syndrome where pressure builds inside the muscle compartment. In the case of our client, this increase in pressure caused the peroneal nerve to become compressed, causing permanent foot drop and disability.
Claiming compensation
If damage to a nerve occurs during surgery, the relevant medical practitioner may be regarded as having acted negligently.
If the patient subsequently suffers significant, long-term symptoms, such as loss of mobility, it may be appropriate to make a claim for compensation.
If you or a loved one have suffered avoidable nerve damage following surgery or other medical care, you may be entitled to make a nerve injury compensation claim.
Nerve injuries can have serious and sometimes permanent consequences. Depending on the location and extent of the damage, an injury may affect mobility, sensation, dexterity, communication or control of the bowel and bladder.
At Glynns Solicitors, our specialist medical negligence solicitors can investigate the care you received and advise whether you may have grounds to claim compensation.
How Nerve Damage Can Affect You
The nervous system carries messages between the brain, spine, muscles and sensory receptors throughout the body. These messages allow us to recognise sensations and control functions such as movement and speech.
When a nerve is damaged or compressed, messages may no longer travel properly between the brain and the affected part of the body. The resulting symptoms will depend upon the nerve involved but may include:
- Loss of movement or mobility
- Reduced sensation or altered sensation
- Loss of dexterity and coordination
- Bowel or bladder dysfunction
- Problems with vision or sense of smell
- Difficulty walking safely or independently
Severe nerve damage can affect an individual’s ability to work, carry out everyday tasks or remain independent. Some people may require personal care, equipment or other forms of support.
How Can Medical Care Cause Nerve Damage?
Nerve damage can occur during many forms of medical treatment. Surgery carries recognised risks and the occurrence of a nerve injury does not automatically mean that negligence has taken place.
However, an injury may sometimes result from care falling below an acceptable standard. Examples found across the Glynns website include:
- A surgeon misidentifying the patient’s internal anatomy
- Accidental damage caused by a surgical instrument
- Poor surgical technique
- Compression caused by prolonged or inappropriate positioning during surgery
- Failing to change from keyhole surgery to open surgery when appropriate
- Failing to diagnose a condition such as a tumour or ruptured disc which damages a nearby nerve
Nerve Damage During Surgery
Surgical nerve injuries can occur during abdominal, pelvic, spinal and orthopaedic procedures. The nerve may be compressed, stretched or cut during the operation.
The femoral nerve, for example, provides function and sensation to the legs and can be vulnerable during abdominal surgery, hysterectomy and hip replacement procedures. Damage may affect hip or knee movement and make standing or walking difficult.
You can read more about nerve injuries following orthopaedic surgery and nerve injury during a hysterectomy.
The peroneal nerve supplies movement to the ankle. Compression or damage to this nerve can cause foot drop and significantly affect a person’s ability to walk.
Further information about the effects and possible causes of one particular type of injury can be found on our page about surgical femoral nerve injury.
When Might A Nerve Injury Claim Be Possible?
A nerve injury compensation claim may be appropriate when medical care was negligent and that negligence caused the patient to suffer a worse outcome than they would otherwise have experienced.
Establishing this requires a detailed investigation. A specialist solicitor can obtain the relevant medical records and arrange for independent medical experts to examine the treatment provided, the cause of the nerve damage and its likely long-term effects.
Free initial claim assessment
Think medical treatment may have caused avoidable harm?
Tell our specialist medical negligence team what happened. We will review the initial information and explain whether we may be able to help.
- Tell us what treatment you received and what you believe went wrong
- We assess the initial circumstances
- We explain whether further investigation may be appropriate
Your initial enquiry is free. No Win No Fee funding may be available.
What happens when you contact us?
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1
Tell us what happened
Call us or complete the short enquiry form with a brief outline of the treatment you received and the harm caused.
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2
We assess the circumstances
A member of our specialist team will review the initial details and may ask you for some further information.
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3
We explain your options
We will explain whether we may be able to help, the possible next steps and any funding options relevant to your enquiry.
Worried about making a claim?
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What Can Nerve Injury Compensation Cover?
A successful nerve damage compensation claim will take account of the pain, suffering and loss of function caused by the injury.
It can also include financial losses which have resulted from the negligent care. Depending upon the individual circumstances, these may include:
- Past and future loss of earnings
- The cost of personal care
- Medical or rehabilitation expenses
- Equipment and other support required because of the injury
The amount of compensation will depend upon the nature of the nerve injury, its effect on the individual and the financial losses caused by it.
Time Limits For Making A Claim
Medical negligence claims are subject to legal time limits. The Glynns website notes that a claim will generally need to be started within three years of the alleged negligence, so it is important to seek specialist advice as soon as possible.
Early advice also allows your solicitor to begin obtaining medical records and investigating the circumstances surrounding the injury.
Speak To A Specialist Medical Negligence Solicitor
Glynns Solicitors is a dedicated medical negligence practice with extensive experience of investigating complex claims involving avoidable nerve damage.
If you believe that surgery or other substandard medical care has caused a nerve injury, contact us for a free initial discussion. We can assess the information you provide and explain whether we may be able to help.
No Win No Fee funding may be available and can be discussed during your initial telephone consultation.
Please call us free on 0800 234 3300 or complete our Online Enquiry Form.
Can We Help You With A Medical Negligence Enquiry?
Early legal assistance can be vital so please contact us if you would like to discuss your situation. Please call us free on 0800 234 3300 or complete our Online Enquiry Form.
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