Medical Malpractice Attorneys

If you suffered nerve damage and feel an error was made during the surgery either by the surgeon or the anesthesiologist, you should bring your concerns to a legal firm to discuss the details of your case with an experienced medical malpractice attorney. They can help determine if there was negligence that caused your nerve damage.

There will always be risks involved in surgery. Nerve damage can occur when the doctor makes a mistake during the surgery, when operating near nerves. The instruments could sever, slice, or even just rub up against a nerve, resulting in inflammation and damage.

Nerve damage can also be the result of incorrect administration of anesthesia.

Types of anesthesia and how it is administered to the patient

Local anesthesia — This type of anesthesia is given through a syringe. If the syringe encounters any contact with a nerve it could lead to nerve damage.

Regional anesthesia — An injection of this type is generally administered into the spine, where nerves are densely concentrated. If, while administering the anesthesia, the doctor damages a cluster of nerves, this could result in serious damage to the nerves that may be debilitating in nature.

General Anesthesia — Nerves damaged or pinched as a result of incorrectly administering general anesthesia will result in the ability to sense pain or discomfort in a certain area of the body.

Negligence and Malpractice

If you suffered from nerve damage as a result of anesthesia that was incorrectly administered, you may be able to file a lawsuit for malpractice. There are specific conditions that must be proved in order to do so.

• The patient needs to prove there was a patient-doctor relationship at the time of the error
• The doctor was negligent at some time while in the midst of the surgical procedure or during pre-op or post-op
• Because of the negligence of the medical staff the patient was harmed

Proving the existence of a patient-doctor relationship in a negligence case is rarely an issue that is disputed. Proof can be found in the patient’s medical file.

Negligence is proven when a doctor fails to give their patient the standard of care that other qualified doctors would have given under the same set of circumstances. If you are pursuing a lawsuit for medical malpractice, you need to prove that the physician:

• Did not provide the proper medical care for the type of required treatment
• Deviated from the standard of care to treat your particular issue

Your attorney will enlist the help of expert testimony to define the standard of care that should have been provided to you during your surgery. A second opinion is offered by a qualified expert (such as another surgeon) to show what the level of competency should have been for your surgery. Level of competency is what other surgeons with the same skills would have accomplished in the same situation to what happened in your case.

If you feel your doctor breached the standard of care and was negligent in administering the anesthesia for your procedure, and because of that negligence you suffered nerve damage, contact a lawyer experienced in medical malpractice Bangor, ME offers. They can work with you to recover damages for your injuries.

Thank you to our friends and contributors at David Bate Law Office for their insight into medical malpractice and nerve damage.