Can I Sue for Nerve Damage After a Medical Procedure?

When you undergo a medical procedure, you trust that your healthcare provider will act with skill, care, and professionalism, but when a simple surgery, injection, or even a blood draw results in serious and lasting nerve damage, you may be left wondering what went wrong and whether you have any legal recourse.

At Morgan & Morgan, we hear from people across the country who have suffered unexpected and life-altering injuries during routine procedures. Nerve damage is one of the most devastating complications a person can experience, especially when it causes chronic pain, weakness, or loss of mobility.

If you or a loved one has suffered nerve damage due to medical negligence, you may be eligible to file a lawsuit and recover compensation.

Contact us today for a free case evaluation to learn more about your legal options.

What Is Nerve Damage?

Your nervous system controls everything from voluntary muscle movements to involuntary functions like digestion and heart rate. When a nerve is damaged, whether by trauma, compression, stretching, or cutting, the effects can be painful and long-lasting.

Types of nerve damage include:

• Peripheral nerve injuries, which affect nerves outside the brain and spinal cord
• Neuropraxia, a mild injury that interrupts nerve signals temporarily
• Axonotmesis, a more severe injury involving damage to the nerve fibers
• Neurotmesis, the most serious type of injury where the nerve is completely severed
   

Nerve damage can lead to symptoms such as:

• Burning or shooting pain
• Tingling or “pins and needles” sensation
• Muscle weakness or paralysis
• Numbness or lack of sensation
• Loss of function in hands, feet, arms, or legs

While some nerve damage heals on its own over time, others can be permanent and debilitating, particularly if a surgeon or provider failed to take appropriate precautions.

Can You Sue for Nerve Damage?

Yes. If nerve damage occurred due to a healthcare provider’s negligence, you may have grounds for a medical malpractice lawsuit. To successfully sue, you must prove that:

1. A provider-patient relationship existed
2. The provider failed to meet the standard of care expected of a reasonable professional
3. You suffered an injury, such as nerve damage
4. The provider’s negligence directly caused your injury
    

Proving malpractice is rarely easy. Medical professionals and hospitals are backed by aggressive insurers and legal teams, but when you work with a powerhouse law firm like Morgan & Morgan, you level the playing field.

Common Medical Scenarios Where Nerve Damage Occurs

Let’s break down some of the most common medical procedures that can result in nerve damage, and when those injuries might lead to a lawsuit.

Nerve Damage After Surgery

Surgery is one of the leading causes of iatrogenic (medically caused) nerve damage. While some degree of risk is inherent in many surgical procedures, certain injuries are preventable and should never occur when standard surgical protocols are followed.

Common surgical procedures associated with nerve injury:

• Spinal surgeries (e.g., laminectomy, discectomy, fusion): Can result in injury to spinal nerves or the spinal cord itself, leading to paralysis or neuropathic pain.
• Shoulder surgeries: May result in brachial plexus injuries, causing weakness or paralysis in the arm.
• Hip or knee replacements: Sciatic or femoral nerve damage can occur during positioning or from direct trauma during the operation.
• Thyroid or neck surgery: Can injure the recurrent laryngeal nerve, affecting speech and swallowing.
• Plastic surgery: Facial nerve damage can result in asymmetry, paralysis, or numbness.
   

What typically goes wrong? Nerve damage can be caused by any of the following:

• Improper use of surgical instruments
• Poor patient positioning during surgery
• Inadequate imaging or mapping of nerve locations
• Failure to recognize and avoid known anatomical variations
• Excessive pressure from retractors or surgical tools
   

In many cases, these injuries are preventable. If a surgeon fails to recognize or protect a nerve during surgery or positions a patient in a way that compresses a nerve for hours, you may be able to sue.

Nerve Damage From Giving Blood or an Injection

You might not expect something as routine as a blood draw or vaccine to cause a serious injury, but unfortunately, even minor procedures can lead to nerve damage if performed improperly.

Common examples include:

• Venipuncture injuries: Hitting or compressing a nerve during blood draw—especially in the arm near the median or radial nerve—can cause burning, tingling, or weakness.
• IV placement or injections: Injections given too deep, too forcefully, or in the wrong location can hit nerves, particularly in the gluteal (buttocks) area, where the sciatic nerve is vulnerable.
• Vaccines administered incorrectly: Shoulder injury related to vaccine administration (SIRVA) is a well-documented condition in which improper technique causes nerve or tissue damage.
   

When does it become malpractice? Any of the following scenarios may be considered malpractice:

• When a provider fails to follow standard anatomical guidelines
• When a provider ignores a patient’s complaints of immediate pain during a procedure
• When an untrained or unsupervised staff member performs the procedure
• When the wrong site or wrong depth is used
   

Even a simple mistake in needle placement can result in lasting consequences. If your nerve damage was caused by a careless or improperly trained medical professional, legal action may be warranted.

Nerve Damage After Foot Surgery

Foot surgeries, especially bunion removal, toe straightening, or neuroma excision, often involve working in close proximity to delicate nerve structures. While foot procedures are typically done to relieve pain or correct deformities, they can sometimes cause more harm than good.

Common causes of nerve damage in foot surgery include:

• Excessive removal of tissue near nerve endings
• Unintended laceration or stretching of nerves during bone correction
• Entrapment or scarring around nerves post-surgery
• Poor surgical planning or lack of imaging in high-risk areas
   

Types of injuries that may occur include:

• Neuroma formation (a painful nerve scar or growth)
• Numbness in toes or ball of foot
• Chronic pain when walking or wearing shoes
• Loss of motor function or weakness in the foot

Some nerve issues resolve after weeks or months, but others may become permanent. If the surgeon failed to take proper precautions or didn’t adequately warn you of known risks, you may have a claim.

Damages You Can Recover in a Nerve Damage Lawsuit

If you file a successful malpractice claim for nerve damage, you may be entitled to significant compensation. Your damages can include:

Economic damages:

• Medical expenses (past and future)
• Physical therapy and rehabilitation
• Medication and assistive devices
• Lost wages and loss of future earning capacity
  
   

Non-economic damages:

• Pain and suffering
• Loss of enjoyment of life
• Mental anguish or emotional distress
• Permanent disability or disfigurement

In rare cases involving egregious negligence, punitive damages may also be awarded to punish the provider and deter future misconduct.

What’s the Deadline for Filing a Nerve Damage Lawsuit?

Each state has its own statute of limitations for filing a medical malpractice claim, which typically ranges from 1 to 3 years from the date of injury or the date you reasonably discovered it.

For example, in Florida, the statute of limitations is 2 years from when the injury is discovered (or should have been discovered), but no more than 4 years from the date of the incident. In California, the time limit to file is 1 year from discovery, or 3 years from the date of the injury, whichever comes first.

Some exceptions apply, especially for minors or if the injury was fraudulently concealed. It’s best to speak with an attorney right away to protect your rights.

How Do You Prove Medical Malpractice in a Nerve Injury Case?

To build a strong case, your legal team will typically need to gather:

• Medical records
• Expert witness testimony (e.g., surgeons, neurologists)
• Imaging and diagnostic tests confirming the nerve injury
• Documentation of how the injury has affected your life
• Statements from treating physicians about causation and prognosis

Your attorney may also consult surgical experts to determine whether your provider deviated from the standard of care. At Morgan & Morgan, we have access to a national network of medical experts who help us build airtight cases.

What to Do if You Suspect Medical Malpractice

If you or a loved one experienced nerve damage after a procedure, act quickly:

1. Seek medical attention from a neurologist or specialist
2. Request all your medical records from the provider or hospital
3. Document your symptoms and how they’ve affected your daily life
4. Contact a medical malpractice attorney as soon as possible
   
    

Why Choose Morgan & Morgan?

Nerve damage cases can be technically complex and emotionally draining. You need a law firm with the experience, resources, and results to fight and win on your behalf.

Morgan & Morgan is America’s largest injury law firm, with more than 1,000 attorneys and over $25 billion recovered for clients. We have handled thousands of medical malpractice cases, including those involving catastrophic nerve damage.

When you work with us, you pay nothing upfront. We work on a contingency fee basis, which means we don’t get paid unless we win. To work your case, we bring in top-tier experts to review your claim, and we’re not afraid to take on hospitals, doctors, or insurance companies all the way to court if necessary.

At Morgan & Morgan, we believe that healthcare providers should be held accountable when they cause harm through negligence. If you’ve suffered nerve damage after a surgery, injection, blood draw, or other medical procedure, we may be able to help you file a claim and pursue the justice you deserve.

Contact us today for a free case evaluation.