Can I claim for peripheral nerve injury? I recently underwent a routine surgery in my local hospital and although the operation was a success in terms of rectifying the problem I went in for, I returned home with a new problem – a peripheral nerve injury caused while I was unconscious. Am I entitled to compensation?
Medical negligence claims are among the most difficult types of claims to execute successfully, and a claim for peripheral nerve injury can be a long and difficult process. Even if you are able to prove that the actions of a medical professional led to your injuries, it still does not guarantee that your claim for peripheral nerve injury will be successful. While medical professionals have a duty of care towards their patients – that is to ensure that they do not come to harm, injuries can sometimes be unavoidable in medicine and even when they are proven to have been caused directly by a doctor, it still may not constitute medical negligence.
Nerve injuries when in hospital are typically caused in one of three ways: the incorrect positioning of a patient who is under general anaesthetic, the impact of suturing, cutting, stretching or other types of delicate movement, and complications as a result of some radiological techniques of investigating joints. Claims for medical negligence involving anaesthetic represent around 33 percent of all nerve damage compensation claims.
Even if a medical professional is found to have wrongly positioned you during surgery it may not be enough for a settlement to be awarded. The eligibility for someone claiming medical negligence compensation can differ from standard compensation claims. Judgements in medical negligence cases may be made on the balance of what a reasonable doctor would have done in the same position as the one which treated you.
In order to pursue a successful claim you will need to hire an injury claims solicitor who specialises in medical negligence claims. Hiring a solicitor to assist you in your claim for peripheral nerve injury will provide you with more information on the process for pursuing a medical negligence claim and if you qualify for compensation, the may also be able to provide you with an estimate of how much you may be awarded.