While any injury can be hard to live with, nerve damage is incredibly frustrating and painful.
Often, nerve damage can be the result of something going wrong during a medical procedure, and in many cases, is also preventable.
If you find yourself Googling “nerve damage after surgery lawsuit,” the experienced medical malpractice lawyers at Poulos & Coates, LLP can help.
We have more than 70 years of hands-on experience litigating complex medical malpractice cases.
Below, our New Mexico medical malpractice lawyers will go over the details about nerve damage and if you can sue your doctor.
What Causes Nerve Damage After a Surgery?
While nerve damage can be the result of many things, often, it comes about after a medical procedure or surgery.
Of course, when you agree to undergo surgery, you assume that the surgeon will skillfully perform the procedure.
However, that is unfortunately not always the case. Surgeons are human and make mistakes, and when they do, patients suffer as a result.
Nerve damage during surgery can occur in several ways, including errors in the administration of anesthesia, the unskilled use of surgical instruments leading to a severed or damaged nerve, or the negligent positioning of a patient during surgery.
What Can Patients Recover in a Nerve Damage After Surgery Lawsuit?
Patients experiencing lingering nerve pain after surgery can pursue a medical malpractice claim against the provider responsible for the error.
If they are successful, patients can recover for both their economic and non-economic damages.
However, there is not a definitive nerve damage compensation calculator; available compensation depends on the facts of each case.
This can make it hard to determine the average payout for nerve damage. However, nerve damage lawsuit payouts are often significant.
Economic damages are those intended to compensate patients for their out-of-pocket costs associated with the incident. For example, non-economic damages include:
- Past and future medical expenses, and
- Past and future lost wages.
Non-economic damages refer to the intangible harm brought about by medical negligence.
Non-economic damages in a medical malpractice case include:
- Pain and suffering,
- Loss of enjoyment of life, and
- Loss of consortium.
Notably, unlike many other states, New Mexico imposes a “damages cap” on the total damages a patient can recover.
This includes most economic and non-economic damages but does not include those damages related to a patient’s “medical care and related benefits.”
For cases arising prior to January 1, 2022, the cap on damages in New Mexico is $600,000. However, for cases arising in 2022 and beyond, New Mexico law provides for an escalating damages cap that increases annually.
For example, claims against a hospital arising in 2022 and 2023 have a damages cap of $750,000 against individual providers and $4,000,000 against hospitals.
The applicable damages cap for cases arising in 2022 and beyond will depend on the type of hospital or practice performing the surgery.
Are You Eligible to Receive Compensation for Nerve Damage After Surgery?
If you recently underwent a medical procedure or surgery and are now experiencing nerve pain, contact Poulos & Coates, LLP.
Our New Mexico medical malpractice lawyers have more than 70 years of legal experience helping patients hold negligent medical providers accountable.
We take a client-centered approach to every case we handle, ensuring your case receives the time and attention it deserves.