Nerve Damage After Surgery – Is It Medical Malpractice?

Nerve damage is a possible outcome of many surgical procedures. But when it occurs unexpectedly or causes lasting impairment, patients are often left wondering what went wrong. In some cases, the injury may be a known risk. In others, it could be the result of avoidable errors. When that happens, the question becomes whether medical malpractice played a role.

What Causes Nerve Damage During Surgery?

Nerves are delicate structures, and surgery near major nerve pathways can sometimes affect them even under the best circumstances. However, not all injuries are unavoidable. Some are caused by negligence or a failure to follow proper surgical protocols.

Common causes of nerve damage include:

• Accidental severing or cutting of a nerve during surgery
• Overstretching or pinching of nerves by surgical instruments
• Poor positioning of the patient on the operating table
• Inadequate visualization or failure to identify nerve structures
• Failure to monitor nerve function in high-risk procedures

Depending on the circumstances, these injuries can be temporary or permanent. Patients may experience pain, tingling, numbness, weakness, or even loss of mobility. In severe cases, damage can lead to permanent disability, affecting a patient’s quality of life and ability to work.

When Does Nerve Damage Amount to Malpractice?

Not all nerve injuries are grounds for a malpractice claim. For a case to be considered malpractice, the injury must have resulted from a failure to meet the accepted standard of care.

In a legal context, this generally means proving:

• Duty: A doctor-patient relationship existed, creating a duty of care.
• Breach: The medical provider failed to meet the standard of care.
• Causation: That failure directly caused the injury.
• Damages: The patient suffered harm as a result.

For example, if a surgeon operating near a major nerve failed to use proper imaging or monitoring techniques and damaged the nerve, that could constitute a breach of duty. Similarly, if a surgeon ignores apparent symptoms of nerve damage during recovery and fails to act promptly, that delay in care may also be grounds for a claim.

To determine whether malpractice occurred, courts consider whether the surgeon provided the appropriate standard of care–the level of care a similarly trained physician would have provided under similar circumstances.

How Do You Prove Nerve Damage Was Caused by Negligence?

To determine whether malpractice occurred, a legal team will often consult with medical experts, review surgical records, and examine your post-operative symptoms and treatment timeline.

Evidence used in these cases may include:

• Surgical notes
• Imaging studies (before and after surgery)
• Testimony from independent medical professionals\
• Documentation of symptoms and their onset
• Records of follow-up treatment or failed interventions

Proving negligence can be complex, especially if the provider insists that the injury was a known complication of the procedure. But when protocols are ignored or steps are skipped, the facts often speak for themselves.

What Compensation Is Available?

If a patient can prove that surgical nerve damage was the result of malpractice, they may be entitled to financial compensation. The types of damages awarded in these cases typically fall into several categories:

• Medical costs: Past and future treatment, including corrective procedures or physical therapy
• Lost income: Time missed from work or permanent loss of earning ability
• Pain and suffering: Physical pain, emotional distress, and loss of enjoyment of life
• Long-term care: Costs related to disability or lifestyle changes

State laws may affect how damages are calculated, and some states impose caps on non-economic damages, such as pain and suffering. A malpractice attorney can help estimate what a claim may be worth based on the severity of the injury and how it has impacted your life.

Time Limits for Filing a Medical Malpractice Claim

Every state sets a statute of limitations, which limits how long a patient has to file a malpractice lawsuit. In many jurisdictions, including New Jersey and New York, the deadline is two years from the date the injury occurred, or from the date it was discovered, if it wasn’t immediately apparent.

Delays in filing can result in losing the right to pursue a claim, so it’s essential to speak with a legal professional as soon as possible if you suspect malpractice.

Legal Options for Nerve Damage After Surgery

Nerve damage after surgery is a serious and sometimes life-altering complication. While not every injury is the result of malpractice, those caused by avoidable errors deserve close legal examination. If you believe your nerve injury may have been caused by a surgical mistake, consult a medical malpractice attorney. The first step is asking the right questions—and getting clear, honest answers.