Can You Sue for Nerve Damage After Surgery?
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When a patient goes in for surgery and comes out with lasting nerve damage, the first question is almost always: was this preventable? Many patients assume that any complication during surgery is simply an accepted risk — something that happens and can't be changed. The reality is more nuanced, and not knowing the difference between an unavoidable outcome and a preventable error can cost you the compensation you may be entitled to.
The Jacob D. Fuchsberg Law Firm is a New York medical malpractice firm with generations of trial experience representing patients who have suffered serious, life-altering injuries due to surgical negligence. The firm has recovered millions for clients across New York City, including the Bronx, Queens, Brooklyn, Long Island, and Staten Island, and its attorneys have been recognized by Forbes and Super Lawyers for their work in medical malpractice and personal injury cases.
Key highlights from this episode include:
- What Nerve Damage Actually Means: What nerves do, how they transmit signals throughout the body, and why injuries to them during surgery can have lasting, serious consequences.
- Types of Nerve Injuries Explained: Neurapraxia, axonotmesis, and neurotmesis — what each type means in practical terms, typical recovery timelines, and when permanent damage is likely.
- How Surgical Nerve Damage Occurs: Common causes including improper tool use, poor patient positioning, surgical errors in high-risk procedures, and failures in post-operative care.
- When a Nerve Injury Becomes a Malpractice Claim: How duty of care, breach, causation, and damages apply specifically to surgical nerve injury cases — explained without the legal jargon.
- What Compensation May Be Available: Economic damages such as ongoing medical treatment and lost income, and non-economic damages for pain, loss of function, and diminished quality of life.
- Steps to Take If You Suspect a Surgical Error: How to get a proper medical evaluation, what to document, and when to reach out to a qualified malpractice attorney.
- New York's Statute of Limitations: How long patients have to file a claim, and how the continuous treatment doctrine may affect your timeline.
Knowing whether your nerve injury was preventable — and what your legal options are — can make a real difference in what you and your family are able to recover. This episode gives you clear answers from attorneys who handle surgical malpractice cases across New York every day.
This podcast is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, contact our qualified New York medical malpractice attorneys.