Compensation for Surgical Nerve Injury
Nerves are susceptible in many forms of surgery. Damage to a nerve during surgery may be regarded as negligent and, where long-term damage is sustained, may justify the patient in making a claim for compensation.
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 are suffering long-term disability due to negligent surgery, contact Glynns to discuss your situation with a specialist medical negligence solicitor.
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.
Make An Enquiry
Why Choose Us
- Specialist medical negligence solicitors
- Free initial enquiries
- No win, no fee available
Reviews
Our Expertise
Helping Clients Across England & Wales
Free Medical Negligence Guide
'7 Questions You Must Ask Before Choosing A Medical Negligence Solicitor'