Can I sue a doctor if he punctures a nerve?

Answer:

If you asking “can I sue a doctor if he punctures a nerve”, the answer is not easy and depends on the facts of the treatment or surgery in which your nerve was punctured. Whether you can sue a doctor for puncturing a nerve depends on whether nerve puncturing was a reasonable result of the treatment you agreed to have performed.

A Physician’s Duty

A physician owes a duty of care to all his patients. This means that at all times during treatment or care he must act with concern for his patient’s health. However, this does not meant that he must perform all treatments perfectly. A physician’s actions must accord with the actions of a reasonable physician in the circumstances. Therefore, if a physician acts reasonably and as other physicians would have, he most likely did not breach his duty of care to the patient.

Duty of Care and Punctured Nerves

What this duty of care means to determining if can sue for a punctured nerve is that it depends on the facts of your treatment. If puncturing a nerve was a reasonable occurrence, meaning that it could be expected to occur even when a physician was acting with the upmost care, then the patient most likely does not have a medical malpractice cause of action. Physicians are expected to treat patients carefully, but not perfectly.

Seeking Legal Advice

If you believe that you have a cause of action against your physician for a punctured nerve, seek legal advice. A lawyer will review the facts of your case and discuss with you whether you have a valid claim.

References:

Do I Need Permanent Harm to Sue for Med. Malpractice?

Get Informed - Medical Malpractice Laws & Information

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