My husband recently had back surgery but something happened during the procedure and now he is paralyzed from the waist down. A follow up specialist says that my husband suffered nerve damage during the surgery. Is this considered medical malpractice and can we sue?
Are you able to sue for nerve damage that occurred in surgery?
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Answer:
Any invasive procedure runs the risk of causing nerve damage if not performed correctly. Nerve damage can result in the paralysis your husband suffers as well as loss of sensation, mobility, cardiac arrest, chronic parasthesia (burning sensation) or even deformity.
The common mistakes leading to nerve damage are improper administration of anesthesia (which can result in blow flow blockage); incision errors; failure to diagnose or misdiagnosing a condition that can lead to nerve damage; or basic medical negligence.
If your husband's surgeon deviated in any way from the acceptable medical standard of care to the patient, the hospital as employer is then liable for the surgeon's malpractice. You and your husband should definitely consult with an attorney who is experienced in medical malpractice suits generally, and specifically surgery malpractice resulting in nerve damage.
Talk to a Medical Malpractice Lawyer in your area to learn about your legal rights and options.
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Posted by Sharon Cullars on 14 Apr 2010