Compensation for Nerve Damage Under Medical Malpractice


Generally, there’s no such thing as minor surgery. Surgery procedures, especially the ones involving anesthesia, are usually riskier. This applies to treatment errors that cause nerve damage and could translate to a medical malpractice proceeding.

Regarding this, here’s a look at the compensation that arises from such a medical malpractice lawsuit. By the way, see here for the leading Austin medical injury attorney.

First, how can surgery result in Nerve Damage?

Surgical equipment, at times, is usually sharp and severe. And any close contact of such and the nerves could result in an accidental slicing of the latter. Such could as well be reflected as a cause of inflammation.

Also, anesthesia is better administered by an expert. Any error on the part of the anesthesiologist in the administration of anesthesia in the local, regional and general areas could lead to nerve damage.

Two, nerve damage as a medical malpractice case:

A patient who may have sustained an avoidable nerve damage case could potentially file a malpractice lawsuit and win.

Here’s why:

  • If the surgeon or medical practitioner admits to the claims that his negligence before, during, or after the operation, triggered the damage.
  • Also, if the patient was visibly harmed resulting from the negligence.

Compensation Requirements:

Before reviewing the compensations, the value of the nerve damage injury varies, specifically due to the degree of the injury:

Neurapraxia: this is not usually severe. Despite a slight injury, the framework of the nerves remains intact and could result in quick recovery.

Axonotmesis: This usually involves a long-term or even permanent paralysis of sensory and motor functions.

Neurotmesis: This is the most severe type of nerve damage. Here, the actual nerve is permanently damaged.

Compensation Costs:

Here, the compensation cost for medical malpractice resulting in nerve damage varies due to:

The severity of the injury: It could be measured by the victim’s medical expenses relating to the damage. It could involve: emergency room visits, drug prescriptions and medications, revision surgeries and hospitalization, as well.

Cost of Future Medical Care: Paralysis like tetraplegia and quadriplegia could arise from nerve damage in some cases. Statistically, the average healthcare for a lifetime, of a nerve damage victim, takes about 1.5million to 2.5 million dollars.

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However, the above is for those whose damage can be treated.

On the other hand, victims, who are subjected to permanent damage, are entitled to financial recovery from the party involved.

Loss of Income Due to Debilitation: If the nerve damage results in permanent paralysis, it could trigger the loss of a job — which provides income — from the victim. Hence, it will be calculated as a compensation cost.

Pain Associated with Damage: The pain a victim faces daily, depending on the severity of the injury, will be calculated.

Here’s the calculation procedure:

The pain is first valued to a particular amount. Then, the number of days the victim suffers such pain is established and multiplied by the initial value of the pain.

Punitive Damages: in cases where the defendant seeks to cause harm, or acts carelessly to trigger plaintiff harm, punitive damages will be enforced to punish such activity.

Despite the peculiarities involved in calculating the compensation cost, a publication from the Judicial College Guidelines reveals that compensation for minor injuries is valued at £4500, and permanent conditions value up to £29400 – £47000.