Types of nerve injury in negligence claims
Peripheral nerve damage in surgery
Surgical procedures near peripheral nerves carry a risk of nerve damage. Where damage results from excessive traction, inadvertent cutting or burning, or failure to identify the nerve during dissection, a claim may succeed. Common sites: facial nerve in parotid surgery, recurrent laryngeal nerve in thyroid surgery, inferior alveolar and lingual nerves in dental extractions, femoral nerve during hip surgery, radial nerve during humeral fracture fixation.
Spinal nerve damage
Damage to spinal nerve roots from spinal surgery, epidural procedures, or spinal injections can cause permanent radiculopathy. Claims arise where the surgical approach was substandard, the wrong level was operated on, or post-operative neurological deterioration was not investigated in time.
Brachial plexus injuries
The brachial plexus controls sensation and movement in the arm and hand. It can be injured during shoulder or neck surgery, during birth (Erb's palsy), or by anaesthetic positioning errors.
Anaesthetic nerve injuries
Nerve injuries can result from poor patient positioning on the operating table (particularly ulnar nerve and common peroneal nerve compression), incorrectly placed regional anaesthetic nerve block injections, or prolonged tourniquet use causing ischaemic nerve injury.
Lingual and inferior alveolar nerve injuries in dentistry
Dental procedures — particularly lower wisdom tooth extractions — carry a risk of lingual and inferior alveolar nerve injury. Where damage resulted from excessive force, poor technique, or failure to warn under Montgomery, a claim may succeed.
Failed nerve block injections
Nerve block injections can cause permanent nerve damage if placed incorrectly, if neurotoxic concentrations of local anaesthetic are used, or if intraneural injection occurs.
The importance of consent in nerve injury claims
Under the Montgomery standard, a clinician must warn a patient of any material risk involved in a procedure — including the risk of nerve damage. A risk is material if a reasonable person in the patient's position would want to know about it before deciding whether to undergo the procedure.
Where a patient suffers nerve damage from a procedure and was not warned that nerve damage was a material risk, a consent-based claim under Montgomery may succeed even if the procedure itself was performed without technical error.
What do you need to prove?
Either that the technique used fell below the standard of a reasonably competent practitioner and caused nerve damage that a competent practitioner would not have caused, or that the patient was not warned of the material risk of nerve damage before the procedure and would not have proceeded (or would have sought alternatives) if warned. Plus causation and damage in both cases.
Frequently asked questions
Can I claim for nerve damage after wisdom tooth removal?
Yes — on two possible bases: if the extraction technique fell below the standard of a competent dentist; or if the risk of nerve damage was not adequately disclosed before the procedure under the Montgomery standard.
Can I claim for numbness or weakness after spinal surgery?
Yes — if the neurological deficit resulted from a surgical error below the required standard, or from post-operative neurological deterioration that was not promptly investigated and treated.
Is all nerve damage after surgery negligence?
No. Some nerve damage is an accepted complication of properly performed surgery. The key question is whether the damage resulted from a failure below the required standard, or whether the patient was not adequately warned of the risk.
Related guides
- Surgical negligence claims
- Dental negligence claims
- Cauda equina negligence claims
- Spinal injury compensation claims
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.