Can I Sue a Plastic Surgeon for Nerve Damage After Surgery?

Plastic surgery offers the potential to enhance physical appearance and boost self-confidence, but it is not without risks. Among the complications that can arise, nerve damage is one of the most impactful, potentially leaving long-lasting physical and emotional effects. When nerve damage occurs due to negligence, you may be entitled to compensation.

In this article, the experts at Cosmetic Surgery Solicitors will discuss how nerve damage can result from plastic surgery, how to determine if it constitutes negligence, and the steps you can take to seek compensation after experiencing nerve damage after surgery.

What is nerve damage, and how does it occur during plastic surgery?

Nerve damage occurs when the body’s communication pathways between the brain, muscles, and organs are disrupted. Nerve cells carry vital signals that allow you to sense pain, temperature, and pressure while also controlling movement. When these pathways are interrupted, the results can include numbness, pain, or difficulty using certain muscles. The degree of nerve pain can vary widely; some cases result in temporary nerve damage, but others can experience permanent nerve damage after surgery.

Plastic surgery involves intricate procedures where surgeons work near delicate nerves. If a nerve is accidentally severed, compressed, or damaged, the effects can be immediate or take time to appear. The fatty sheath, which insulates nerve fibres, can become damaged during surgery, leading to serious impairments in nerve function. Additionally, complications like infections or inflammation after surgery can also lead to damaged nerves.

Each case of nerve damage is unique and nerve damage may not imply negligence. However, if the surgeon failed to meet the standard of care expected of a competent professional during the surgical procedure, there may be grounds for a claim.

What are the signs of nerve damage after plastic surgery?

The symptoms of nerve damage can vary depending on the nerve affected and the severity of the injury. Common signs include tingling or a sensation of “pins and needles” around the surgical area. Some individuals experience numbness or a complete loss of sensation, which can become permanent if the damage is severe. Nerve pain is another frequent symptom, ranging from burning or sharp sensations to unexplained aches. These signs may appear immediately after surgery or develop gradually over time.

Long-term effects of nerve damage can include muscle weakness, making it difficult to perform everyday tasks such as lifting objects or walking. In some cases, paralysis or loss of movement in specific areas of the body may occur. Certain procedures, such as liposuction or brachioplasty, have been linked to reports of numbness and reduced mobility in affected limbs. Permanent nerve damage can interfere with daily life, from difficulty working to an inability to enjoy activities that were once routine.

Recognising the symptoms of nerve damage early is important. If you notice any unusual or ongoing issues following surgery, consulting a medical professional can help confirm whether nerve damage is present and how best to relieve nerve pain.

Diagnosing nerve damage

Accurately diagnosing nerve damage is crucial for determining the appropriate treatment and understanding the extent of the injury. Various diagnostic tests can help identify the presence and severity of nerve damage, ensuring that patients receive the best possible care. These tests can reveal issues such as nerve compression, inflammation, or other nerve problems that may have resulted from a plastic surgery procedure.

What tests show nerve damage?

Several diagnostic tests are commonly used to assess nerve damage. These tests provide detailed information about the condition of the nerves and can help guide treatment plans to relieve nerve pain and address other symptoms of nerve damage.

EMG/nerve conduction study

An EMG (electromyography) and nerve conduction study help to diagnose nerve damage and muscle weakness. During an EMG, small electrodes are inserted into the muscle to measure the electrical activity. This test helps determine how well the muscles and nerves are functioning. The nerve conduction study, on the other hand, measures the speed and strength of signals travelling through the nerves. Together, these tests can pinpoint the location and extent of nerve damage, providing valuable insights for treating nerve injury and relieving pain.

Ultrasound imaging of the nerve

Ultrasound imaging of the nerve is a non-invasive diagnostic method that uses high-frequency sound waves to create detailed images of the nerves. This test is particularly useful for identifying nerve damage, compression, or inflammation. By visualising the nerves, healthcare providers can better understand the underlying issues and develop targeted treatments to relieve nerve pain. Additionally, ultrasound imaging can guide injections or other interventions, ensuring precise delivery to the affected area.

MR neurography

MR neurography is a specialised form of MRI (magnetic resonance imaging) that focuses specifically on the nerves. This advanced imaging technique uses a strong magnetic field and radio waves to produce high-resolution images of the nerve tissue. MR neurography is invaluable for diagnosing nerve damage, compression, or inflammation, and it can also help guide treatments to relieve nerve pain. By providing a clear view of the peripheral nerves and surrounding structures, MR neurography enables healthcare providers to develop effective strategies to treat nerve damage and alleviate symptoms such as incision numbness and complex regional pain syndrome.

Thanks to various diagnostic tests, patients can be better prepared to discuss their symptoms and treatment options with their healthcare providers. Accurate diagnosis is the first step towards effective treatment and recovery from nerve damage after surgery.

Can nerve damage from plastic surgery be considered negligence?

To determine whether nerve damage constitutes medical negligence, it is necessary to examine the circumstances of the surgery and the actions of the surgeon. Medical negligence occurs when a healthcare professional fails to provide care that meets the standard expected of a competent practitioner, resulting in harm to the patient.

In cosmetic surgery, this might involve:

• A lack of preparation

• Poor surgical technique

• Inadequate post-operative care

For a claim to succeed, it must be shown that the surgeon owed a duty of care to the patient, that this duty was breached through negligence, and that the breach directly caused the nerve damage. Examples of negligence might include failing to identify and avoid nerves during surgery, using inappropriate tools or techniques, or not responding adequately to complications such as post-operative infections.

It is important to distinguish between known risks of surgery, which are typically discussed before the procedure, and harm caused by negligence. The team at Cosmetic Surgery Solicitors are experienced in cosmetic negligence claims and can assess your case and help establish whether your injury was the result of substandard care and if you could be owed compensation for nerve damage after surgery.

What evidence do you need to support a nerve damage claim?

To build a successful nerve injury claim, you must first gather evidence that demonstrates the extent of your injury and how it was caused. Medical records provide details about the procedure, any complications, and the subsequent diagnosis of nerve damage. Photographs taken before and after surgery can also help illustrate changes or injuries to the affected area.

Independent medical assessments are often required to confirm the presence and severity of nerve damage after surgery. These evaluations can provide an objective account of the impact on your physical and mental health. Witness statements from family members or friends can further support your claim by detailing how the injury has affected your daily life, such as difficulties with work, household tasks, or leisure activities.

Additionally, documenting financial losses related to your injury is important. This might include records of lost income due to an inability to work, as well as expenses for additional medical treatments, rehabilitation, or adaptations to your home or lifestyle. Solicitors with expertise in cosmetic surgery claims can assist you in gathering and organising this evidence to present a strong case.

What compensation can you claim for nerve damage after surgery?

Compensation for nerve damage is intended to address the physical, emotional, and financial consequences of the injury. It can cover the pain and discomfort you have experienced, as well as the disruption to your daily life. If nerve damage has caused long-term or permanent effects, compensation may also reflect the impact on your ability to work, participate in activities, or maintain independence.

In addition to addressing physical harm, compensation can help with practical matters. This includes covering the cost of ongoing medical care, such as physical therapy or specialist consultations, as well as any adjustments needed to accommodate the injury, such as mobility aids or home modifications. Emotional distress, such as anxiety or depression stemming from the injury, may also be taken into account.

Working with a solicitor who specialises in nerve damage claims ensures that all aspects of your injury are considered. They can help negotiate a fair settlement that reflects the full impact of the harm you have suffered.

Why should you take legal action for nerve damage?

Taking legal action after experiencing nerve damage caused by plastic surgery is not only about securing compensation but also about seeking justice for the harm done. By holding a negligent surgeon accountable, you may help to prevent similar incidents from occurring in the future. Claims can highlight the need for improved practices, training, or oversight within the cosmetic surgery industry.

Legal action also allows you to address the challenges you face as a result of the injury. Compensation can provide the resources needed to aid your recovery or adapt to a new way of life. For many, making a claim is an important step towards moving forward after a traumatic experience.

How Cosmetic Surgery Solicitors can help

If you believe that your nerve damage was caused by negligence, seek legal advice from us. Our experienced team can help you to understand whether you have a strong case. We can guide you through the process, from gathering evidence to filing a claim.

We are the UK’s first legal practice dedicated to cosmetic negligence claims. With a proven track record of helping individuals secure compensation, we are committed to providing compassionate and professional assistance.

Take the first step in receiving the justice you deserve; contact us today for a call with one of our experts on 0800 252 0175, or fill in out contact form to request a call back.