Surgical procedures always carry risks, but sometimes nerve damage happens because of avoidable mistakes. Patients often ask, Can you sue a surgeon for nerve damage under New York law? The answer is yes, in New York, you may take legal action against a surgeon for nerve damage when the harm results from medical negligence, meaning the surgeon failed to meet the accepted standard of care and that failure caused your injury. To succeed in a malpractice claim, you must demonstrate the surgeon-patient relationship, prove a breach of the standard of care, show that the breach directly led to the nerve damage, and establish that you experienced measurable harm. According to New York Civil Practice Law and Rules § 214-a, you must also bring the lawsuit within 2.5 years (30 months) of the incident, as required under New York’s statute of limitations for medical malpractice claims.
At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, our team guides patients through understanding their rights, safeguarding their health, and pursuing accountability when malpractice occurs.
Implications of Nerve Damage After Surgery
Nerve injuries can alter every part of daily life. Loss of mobility, numbness, or chronic pain can keep someone from working, driving, or even performing basic self-care. Beyond physical discomfort, there’s also the emotional weight of living with a condition that may not fully heal. Financial challenges add another layer of stress, especially if ongoing rehabilitation or additional surgeries are needed.
How Surgical Malpractice Can Lead to Nerve Damage
Not all nerve damage qualifies as malpractice. However, it becomes a legal issue when the harm results from careless or reckless surgical practices. A surgeon might misplace instruments, cut too close to a nerve, or fail to account for a patient’s anatomy. In some cases, improper patient positioning during surgery or excessive pressure can cause lasting injuries. Each situation needs careful medical and legal review to separate known risks from negligent errors.
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When Can You Sue for Nerve Damage in New York?
Before filing a lawsuit, it helps to understand the circumstances that allow a claim.
- Medical Negligence: You can only bring a claim if the nerve damage was caused by a preventable mistake or a failure to use reasonable care, not just a routine surgical risk.
- Preventable Errors: Examples include improper use of surgical tools, poor patient positioning, lack of proper imaging, failure to recognize nerve locations, or applying excessive pressure.
- Significant Injury: The injury must be more than a minor complication and should involve serious physical pain, emotional challenges, or financial losses.
Together, these factors help patients understand when taking legal action may be possible and why speaking with an attorney early can make a real difference. That’s usually the moment the question arises: Can you sue a surgeon for nerve damage under New York law?
Can You Get Compensation for Nerve Damage After Surgery?
Compensation may cover medical expenses, lost income, reduced earning ability, and the emotional impact of the injury. In New York, claims must also respect the statute of limitations, which is generally 30 months from the date of surgery.
Each situation is unique, but damages are usually tied to the lasting effects the injury has on a person’s life. Given the complexity of these cases, speaking with a medical malpractice lawyer early can be critical to protecting your right to bring a claim.
Proving a Medical Malpractice Claim for Nerve Damage
Building a case requires evidence and testimony. To prove medical malpractice, you must show:
- Doctor-Patient Relationship: Evidence that the surgeon was responsible for your care.
- Breach of Standard of Care: Opinions from qualified medical professionals showing the surgeon acted below accepted medical standards.
- Causation: A clear connection between the surgeon’s negligence and your nerve damage.
- Damages: Proof of losses such as chronic pain, emotional distress, lost earnings, or added medical costs.
In most malpractice cases, the question of negligence depends on whether the care met accepted medical standards. As noted by the New York City Bar Association, both patients and healthcare providers in medical malpractice cases often rely on expert witnesses to support or dispute claims of negligence. For many patients, the real concern becomes clear at this point: can you sue a surgeon for nerve damage when the outcome has permanently changed your life?
Contact a Long Island Medical Malpractice Lawyer for Legal Support
Nerve damage after surgery can be overwhelming, and no one should feel forced to handle it without guidance. Our team at the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers understands what it takes to hold negligent providers accountable while focusing on your recovery. Contact today at 516-358-6900 to discuss: Can you sue a surgeon for nerve damage? And let us guide you through the process with clarity and support.
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