Can I sue my doctor for nerve damage?

Medical Malpractice - October 24, 2024

If you’ve suffered nerve damage after a medical procedure, you may be asking, “Can I sue my doctor for nerve damage?” Nerve damage can result in pain, loss of function, and a significantly altered quality of life. You may be entitled to compensation if this injury was due to your doctor’s negligence.

At Horwitz, Horwitz & Associates, our Chicago medical malpractice lawyers help Illinois clients pursue claims against medical providers who fail to meet their professional duty of care. Here, we’ll explore the circumstances that allow for a nerve damage lawsuit, the steps involved, and the factors impacting the case’s success.

What is nerve damage?

Nerve damage can result from trauma, surgery, improper injections, or other medical errors. It often leads to symptoms like tingling, numbness, weakness, and severe pain, which may become chronic and significantly disrupt daily activities. In more severe cases, nerve damage can cause paralysis or impact motor skills, requiring extensive therapy or lifelong care.

Can I sue my doctor for nerve damage?

Yes, you can sue your doctor for nerve damage if the injury was caused by negligence. For a successful claim, you must prove that the doctor’s actions deviated from the accepted standard of care, leading directly to your nerve damage.

Under Illinois law, medical professionals are expected to meet a standard of care, the level of care that a similarly skilled and experienced doctor would provide in similar circumstances. A doctor failing to meet this standard may constitute medical malpractice, making a nerve damage lawsuit possible.

When is nerve damage considered medical malpractice?

To determine if you can sue for nerve damage, it’s crucial to establish that the doctor’s actions amounted to medical malpractice. Generally, this involves proving the following elements:

1. Duty of care: The doctor owed you a duty of care as their patient.
2. Breach of duty: The doctor deviated from the accepted medical standard of care.
3. Causation: The breach of duty directly caused the nerve damage.
4. Damages: You suffered harm, such as pain, loss of function, or additional medical expenses due to the injury.

Common scenarios in which nerve damage may constitute medical malpractice include:

• Surgical errors: Mistakes during surgery, such as cutting or pinching a nerve, can lead to permanent damage.
• Anesthesia errors: Incorrect anesthesia placement can damage nerves, especially in areas near the spine.
• Improper injection technique: Incorrectly administered injections, especially in areas like the spine or face, can injure nearby nerves.
• Failure to diagnose or treat nerve damage: Delayed or incorrect nerve injury diagnosis can lead to worsening symptoms and permanent damage.

Steps to take if you’re considering a nerve damage lawsuit

If you suspect your nerve damage was due to medical negligence, take the following steps:

1. Gather medical records: These records establish the timeline and treatment details, highlighting any deviation from standard care.
2. Get a second opinion: Another doctor can confirm if your care fell below expected standards and diagnose the likely cause of the nerve damage.
3. Document injuries and costs: Keep track of symptoms, medical treatments, and lost income to illustrate the injury’s full impact.
4. Consult a medical malpractice attorney: An experienced attorney, like those at Horwitz, Horwitz & Associates, can assess your case, gather evidence, and help you seek fair compensation.

What damages can I recover in a nerve damage lawsuit?

If your nerve damage lawsuit is successful, you may be eligible for several types of compensation:

• Medical expenses: Reimbursement for past and future medical treatments, including surgeries, therapies, and medications.
• Lost wages and earning capacity: Compensation for income lost due to time off work and reduced earning potential if the injury impacts your career.
• Pain and suffering: Compensation for the physical and emotional distress caused by the injury.
• Loss of enjoyment of life: Compensation if the injury impacts your ability to engage in daily activities and hobbies.

In Illinois, there are no caps on compensatory damages in medical malpractice cases, meaning you can seek full compensation for your financial and emotional losses.

Proving medical malpractice in Illinois

Medical malpractice cases in Illinois must follow specific legal requirements to succeed. One important requirement is obtaining a certificate of merit (735 ILCS 5/2-622). This document, signed by a qualified healthcare professional, states that there is a “reasonable and meritorious cause” for filing the lawsuit. This step is essential to prevent frivolous claims and is required before a case can proceed.

Additionally, Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116). This rule allows plaintiffs to recover damages even if they are partly at fault, as long as they are less than 50% responsible for their injury. However, the compensation is reduced by the percentage of the plaintiff’s fault.

Suspect your doctor may be to blame for your nerve damage? We can help.

If you’re wondering, “Can I sue my doctor for nerve damage?” the answer is yes, provided you can show that negligence caused your injury. By proving that your doctor’s actions fell below the accepted standard of care, you can seek compensation for your nerve damage’s physical, emotional, and financial impact.

For a free consultation on your case, contact Horwitz, Horwitz & Associates. We are dedicated to helping you navigate the legal process and secure the compensation you deserve.