By Stephen Lambert. Last Updated 1ST November 2023. Have you suffered nerve damage because of medical negligence? Could have your nerve injury been avoided had the quality of care not been of a poor standard? Our guide will explore medical negligence that has resulted in nerve injuries in a couple of different circumstances.
We will start the guide off by looking at what nerve damage is and how a nerve injury may occur. The guide will discuss the different types of nerves within the human body and how these can be affected by injury. How nerves can be damaged will lead on from this and then we will look at the symptoms of nerve injuries. We’ll be looking at the eligibility criteria for making a medical negligence claim. And why nerve damage can result from substandard medical care.
There is a medical negligence compensation calculator table that follows with figures from a publication that lists past values for pain and suffering.
Additionally, we’ll be guiding you through the process of making a claim with a No Win No Fee solicitor and how they might benefit you.
However, if you have any further questions after reading, please don’t hesitate to contact us on the following details:
- You can call us on 0800 652 3087
- Chat with us using the live chat feature at the bottom of the page
- Or you could send us your enquiry and we’ll get back to you at a time convenient to you
Select A Section
- Could I Make A Claim For Nerve Damage Caused By Medical Negligence?
- How Could Medical Negligence Cause Nerve Damage?
- Time Limits To Claim For Negligent Medical Care
- What Can I Claim For A Nerve Injury?
- No Win No Fee Nerve Injury Medical Negligence Claims
- Where To Learn More About Medical Negligence Claims
You may be eligible to claim compensation for nerve damage from a healthcare provider if the following applies:
- You were owed a duty of care by a healthcare provider such as a hospital. You are automatically owed a duty of care by any medical professional that treats you.
- The duty of care owed to you was breached because a medical professional failed to provide the correct standard of care.
- You suffered nerve damage as a direct result of the breach in the duty of care owed to you.
If the following points above apply, and you can establish them with evidence, then you could have grounds to claim medical negligence compensation. Be aware that there is also usually a time limit that applies to starting a nerve injury claim.
You can find out more about the time limit for claiming in a later section of this guide. To speak to an advisor about other aspects of claiming, such as what is the typical nerve damage compensation amount in the UK, contact us for free today.
There are various ways that you could suffer from nerve damage due to a medical professional breaching their duty of care Examples of medical negligence leading to nerve damage can include:
- A misdiagnosis or undiagnosed nerve damage – If you have suffered an injury that affects your nerves, then its effects could be prolonged or made worse if a medical professional examining you fails to spot the injury or misdiagnoses it as a different condition.
- Surgical negligence – If a medical professional does not follow the correct procedures while providing surgical treatment, this could potentially lead to a variety of injuries, such as severed nerves.
- Prescription error – If a medical professional makes an error while providing you medication (such as the wrong dose or wrong type of medicine), this could cause an illness. One potential effect could be toxic neuropathy, which is nerve damage caused by harmful substances.
- Injuries from needles – If a medical professional uses a needle for a procedure such as administering anaesthesia or extracting a blood sample, then they should provide a minimum standard of care while doing so. Failure to do so could lead to the patient suffering nerve damage from the needle used.
These are only a few examples. To see whether you may be eligible to make a medical negligence claim for nerve damage compensation, you can contact our advisors. They could also help answer questions you may have, such as, ‘What is the average payout for nerve damage in the UK?’.
Please be aware of the time limits in place when making a medical negligence claim. The general time limit is three years, either from the date:
- The incident took place
- You became aware that your injuries were connected with negligence
However, they may be exceptions that apply to your current situation. For instance, the three years are frozen for anyone injured under the age of 18. During this time, a claim can be made on their behalf by a parent, guardian or solicitor. This can be done by acting as a litigation friend.
Alternatively, the three years will start from the date of their 18th birthday and they’ll be able to make a claim for themselves from this point.
Furthermore, a claim can be made on behalf of anyone who lacks the mental capacity to put forward a claim themselves. Again, this could be done by a parent, guardian or solicitor who could act as a litigation friend.
If the person has no chance of regaining their mental capacity, the three years will be frozen indefinitely. However, if there is a chance they’ll regain their mental capacity, the three years will start from the date of their recovery during which time they can make a claim for themselves.
However, if you have any further questions, please contact our team on the number above and they’ll be happy to help.
Your compensation award may be made up of general damages which cover the pain and suffering inflicted by the negligence, also special damages that cover any financial losses.
General damages will take into account your physical and psychological suffering as well as the effect the injury has had on your quality of life.
However, it may be subsidised by any past or future financial losses incurred as a direct result of the injury. These will be covered under special damages and might include:
- Care costs, e.g. part-time care to help with certain daily activities
- Walking aids, e.g. wheelchair or walking stick
- Loss of earnings if the nerve damage has resulted in you being unable to do your job or having to reduce your hours
- Travel expenses
What Is The Average Payout For Nerve Damage In The UK?
There is no common or average payout for nerve damage in the UK. Compensation in your claim will be calculated by looking at the physical and mental effects of your injury and taking any potential financial losses into account.
As explained above, general damages is intended for the physical and psychological suffering an injury may have caused.
To provide you with examples of general damages for nerve damage compensation, we have created a chart of nerve injuries and compensation ranges using information from the Judicial College Guidelines (JCG). Our information comes from the edition released in 2022. However, the figures should not be taken as guaranteed for your claim, as all cases are assessed individually.
|The presence of pain, the age of the claimant, and the presence or increasing risk of paralysis are all considered under this bracket.
|Severe: (i) Injuries might include damage to the spinal cord and nerve roots causing serious ongoing issues and disability such as severe pain and partial paralysis.
|£91,090 to £160,980
|Severe: (ii) Injuries might include damage to the nerve root causing other issues such as an impact on mobility and loss of sensation.
|£74,160 to £88,430
|Moderate (i) Damage to the disc that irritates the nerve, causes mobility problems
|£27,760 to £38,780
|Less serious: (i) The award may be given to serious soft tissue injuries that may cause some nerve damage in lower limbs.
|£17,960 to £27,760
|Serious injury to the thumb: Injuries might include thumb amputation, nerve damage, or fracture which requires wires and causes other symptoms such as sensitivity
|£12,590 to £16,760
|Moderate injury to the thumb: Injuries might include damage to the tendons or nerves and affect sensation and function
|£9,670 to £12,590
Special damages is the term used for compensation for the financial effects of an injury. As we had explained, you could be able to claim back the money you were spending towards care costs or aids, alongside any potential loss of income or calculable future income.
If you are interested in a free evaluation and compensation estimate for your claim, please reach out to one of our advisers. They can discuss claims for negligence with you and even advise on what you might need to do to successfully claim compensation.
We understand you may have apprehensions about using a solicitor to represent you during your claim due to the legal costs that you’re usually expected to pay. However, we have a solution that allows you to access expert advice from a medical negligence solicitor to help you during your claim.
Our advisors could connect you with a solicitor who can represent you on a No Win No Fee basis, meaning if your solicitor is unsuccessful with your claim, you won’t pay a fee for their work. This is because they work under a Conditional Fee Agreement (CFA).
If your solicitor is successful, you’ll pay a small fee called a success fee. However, this is capped by law and can be decided on with your solicitor before making a start with your claim.
We understand that although we’ve tried to cover as much information as possible, you may still have questions regarding your potential claim. If so, our advisors are available to provide you with answers and further clarification on anything you may be unsure of.
Additionally, they can assess whether you have a valid claim and if so, could connect you with a No Win No Fee solicitor. An experienced solicitor can then take you through the next steps of your claim.
For more information, contact us on the following:
- Telephone 0800 652 3087
- The live chat feature at the bottom of the page
- Send us an enquiry using the contact form and we’ll get back to you as soon as possible
Below, you can find links to all of our medical negligence claims guides:
- A guide to medical negligence claims
- Punctured lung injuries negligence claims
- Dry needling gone wrong claims
- MRSA claims
- Acupuncture gone wrong – negligence claims
- Eye injury medical negligence
- Neurological medical negligence
- Respiratory illness clinical negligence claims
- Spina Bifida negligence claims
- Needlestick injury claims
- How much could my medical negligence claim be worth?
- Retained placenta negligence claims
- Private healthcare medical negligence
- Facelift surgery negligence claims
- Coolsculpting and fat freezing negligence claims
- Liposuction negligence claims
- Orthopaedic negligence
- Clinical negligence in a nursing home
- How to make a claim for midwife negligence
- Carpal tunnel syndrome and medical negligence
- Medical negligence compensation calculator
- Lost medical records claims
- What is the medical negligence time limit?
- Claims for negligent cool sculpting and fat freezing
- Failure to prevent suicide – can you claim?
- Ophthalmic negligence claims
- Defective medical devices claims
- Amputation negligence
- Anaesthetic negligence claims
- A&E medical negligence
- Hip dysplasia claims
If you require more information on nerve damage caused by unmonitored or untreated diabetes, see the Diabetes website.
For more information on the standard of care you’re owed as a patient, see the General Medical Council website.
See the government website for more information on the duty of care owed to you by the NHS.
Guide by Megan
Edited by LisM.