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How can I file a lawsuit against a surgeon for causing nerve damage?
Question:
How can I file a lawsuit against a surgeon for causing nerve damage?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
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- Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.
- Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.
- Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.
- Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.
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- State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.
Depending on the type and cause of the injury, nerve damage malpractice may be a viable claim by a patient against his physician. A surgeon that causes injury to a patient’s nerves due to acting negligently or recklessly during the surgery may have committed malpractice.
To file a lawsuit against a surgeon for causing nerve damage, a patient must first determine whether he meets the elements of a tort action: duty, breach, causation and damages. A surgeon always owes a duty of care to his patients. A breach of that duty can occur when the surgeon behaves without regard for normal standards of care, i.e. negligently, or without regard for the patient’s health, i.e. recklessly. This breach must have injured the patient and the patient must have suffered physical or monetary damages as a result of that causation.
To file a lawsuit, the injured party must submit a complaint to the court. This complaint does not need to provide an in-depth explanation of the injury, but must state that the claim has each of the four elements listed above. A copy of this complaint must also be sent to the accused surgeon. The surgeon then typically has 20 days in which to respond to the allegations, after which the patient has 20 days to respond. After this, evidence is gathered by both parties. Eventually a trial date will be set and the case argued before a judge or jury.
Getting Legal Help
If you have suffered nerve damage from surgical malpractice, seek legal advice. A lawyer will review the facts of your treatment and discuss with you whether and how you should file a lawsuit for compensation for your damages.
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