Nerve Damage Compensation

Undergoing surgery is a difficult decision for every patient and while it is sometimes unavoidable, there are some risks the patient will have to take. One of them is the fact that the nerves in our bodies are very delicate and can easily be harmed during surgery. However, a risk no patient should have to suffer from is any damage caused to them by medical negligence or mistreatment. It is medical staff’s obligation to reduce the risk of damaging nerves by assessing how close to nerves they will operate. However, surgeries can be extremely complex in the modern age.

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What are the symptoms of nerve damage?

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Some operations are more likely to involve nerve damage because of their very nature: surgery in your back, hip or knee commonly involve this risk, as well as hernia repairs.

An indication that a patient suffers from nerve damage after surgery are the following symptoms:

  • Paralysis of part of the body
  • Loss or alterations of sensations
  • Loss of feelings or sight
  • Shooting or burning pains
  • Weakness of muscles and immobility
  • Tingling feelings in arms and feel
  • Feeling hot and cold

These symptoms can have a severe impact upon people lives and can force them to change their way of living, have higher expenses to adapt to the new situation, need access to private treatment, therapy and rehabilitation. These steps can help to mitigate the impacts of nerve damage and support the patient’s recovery. To cover the expenses for this, filing a nerve damage compensation claim can be an important decision an expert solicitor can help with.

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What does a nerve damage compensation claim involve?

In the same way a surgery can be very complex, beginning a nerve damage claim for compensation is not so simple. Therefore, the advice of an expert solicitor is essential who will explain the procedure to the client and make it as easy as possible for them.

Two things will have to be established in order to prove a valid reason to claim compensation for nerve damage:

Firstly, it has to be shown that the claimant is suffering from nerve damage which was caused by medical negligence. This means that the damage has been caused by an avoidable action. As many operations carry the risk of nerve damage it is also crucial, that the patient has been sufficiently informed about this risk and based their consent to the operation on this information.

Secondly, a causation has to be shown, which means that the injury or harm has to be caused by that negligence. This can be very complex and involves assessing the extent of the nerve damage. This can be very difficult especially when the nerve damage has occurred quite recently and is still under examination by medical staff. It is however crucial for determining the amount that can be claimed as compensation.

Therefore, sometimes nerve damage can occur even though all reasonable precautions have been taken to reduce the risks for it and it is highly advisable to contact an expert solicitor.

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