Nearly 20 million Americans have some form of peripheral neuropathy, which is nerve damage that affects sensory, motor, or automatic nerves. According to the National Institute of Neurological Disorders and Stroke, physical trauma is the leading cause of acquired peripheral neuropathy.Nerves can become severed, compressed, stretched, crushed, or detached during forceful impacts, such as motor vehicle collisions and falls, or during contact sports and other related activities. Surgical procedures can also result in nerve damage. When they do, a medical malpractice lawsuit is likely—regardless of whether the surgeon was actually at fault. If you are being sued for nerve damage, it is important to start devising a defense immediately. The medical malpractice defense lawyers at Lubell Rosen know what it takes to achieve satisfactory outcomes in complex medical malpractice cases. Call (954) 880-9500 to schedule a case evaluation.
Common Defenses Against Nerve Damage ClaimsThere are countless variables that affect how well any given surgical procedure goes. Unfortunately, even when a doctor operates with textbook precision, peripheral neuropathy can result. Providers who find themselves facing a nerve damage claim may be able to argue that:
1. The Damage Was UnavoidableIn some cases, there is nothing the surgeon could have done to prevent any resulting nerve damage. If life-threatening complications arose during the procedure, for example, the surgical team may not have been able to respond to them without causing collateral nerve damage. In such a scenario, the physician would have to prove that there was no way to predict or prevent the complications that led to the peripheral neuropathy.
2. The Patient Knew There Was a Risk of Nerve DamageAll surgical procedures pose certain risks, but some are more dangerous than others. Healthcare providers must inform patients of potential complications that can arise even if they do not breach the standard duty of care. If the particular procedure over which you are being sued posed considerable risk of nerve damage and you have a signed consent form from the plaintiff acknowledging as much, it may contribute to your defense.
3. The Nerve Damage Was Not the Surgeon’s FaultPatients must see multiple providers before, during, and after surgery, and if any one of them makes a mistake, nerve damage can occur. Potentially liable parties include primary care physicians, anesthesiologists, surgeons, physical therapists, and chiropractors. A manufacturer or pharmaceutical company can also be liable if defective medical equipment or medication was ultimately responsible for the nerve damage.
Discuss Your Case with a Medical Malpractice Defense Attorney in FloridaIf you are facing a nerve damage claim, turn to the AV-rated medical malpractice defense attorneys at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to schedule a consultation with a medical malpractice defense lawyer in Florida.