Nerve damage caused by surgery claims

In most cases, you have three years from the date of your surgery – or from the date you first became aware that the treatment you received may have been negligent – to make a claim.

There are important exceptions. If you were under 18 at the time of the surgery, the three-year period does not begin until your 18th birthday. If you lack the mental capacity to make decisions yourself, the time limit may not apply at all.

If you are unsure whether you are still within the time limit, speak to us as soon as possible. We will let you know where you stand.

The process usually follows these steps:

• Initial enquiry: Contact us to talk through your situation. There is no obligation and no upfront cost.
• Case evaluation: One of our solicitors will assess whether you have a potential claim.
• Gathering evidence: We collect your medical records, correspondence, and any other relevant documentation.
• Expert assessments: Independent medical experts analyse your injuries and the care you received.
• Negotiation: We negotiate with the other party on your behalf to seek fair compensation.
• Settlement and compensation: Once an agreement is reached, you receive your compensation.

We will guide you through every stage, making sure you always understand what is happening and what comes next.

You do not have to make a formal complaint before starting a claim. Some people choose to complain because they want answers, but it is not a requirement and it will not affect your right to bring a medical negligence claim. If you have already complained, we can use any responses as part of your evidence. If you have not, we can advise you on whether it may be helpful in your situation.

Strong evidence is important to support your claim, and your solicitor will help you gather what is needed. Useful evidence can include:

– Medical records, including test results and scans showing the nature and severity of your nerve injury

– Photographs or videos documenting how your nerve damage affects your movement or daily life

– Any correspondence with the hospital or surgical team about your concerns

– Financial evidence such as payslips, receipts, and invoices showing losses caused by your injury

If you are experiencing symptoms following surgery, we recommend speaking to your GP and keeping a record of how your symptoms are affecting you day to day.

Yes – if you can show that your nerve damage was caused by negligence or substandard care during your surgical procedure, you may be able to bring a medical negligence claim.

Proving the link between negligence and nerve damage can be complex. Your solicitor will work with independent medical experts to establish whether the care you received fell below the standard expected, and whether that caused or contributed to your injury.

We will give you an honest assessment of your case from the outset.

Yes. You can bring a claim against a private hospital, private clinic or an individual surgeon if the care you received fell below an acceptable standard and caused your nerve injury. The legal process is similar to claiming against the NHS, and we will guide you through each step.

Symptoms of nerve damage can vary depending on the type and severity of the injury. Common symptoms include:

– Numbness or loss of sensation

– Pins and needles

– A burning sensation

– Muscle weakness

– Twitching or muscle cramps

– Difficulty regulating temperature

Symptoms may appear soon after surgery or develop more gradually. If you notice any of these following a surgical procedure, speak to your doctor and keep a record of when they started and how they are affecting you.

Many people are unsure whether what happened counts as negligence. Surgical nerve damage can be complex, and it is not always clear what went wrong. We will review your medical records, speak with independent experts and give you an honest assessment of whether you have a claim. There is no obligation to continue if you decide not to.

The length of a claim depends on a number of factors, including the complexity of the case, how long it takes to gather medical records and expert evidence, and whether the other party is willing to negotiate a settlement.

Some straightforward cases may resolve within 12 to 18 months, while more complex claims – particularly those involving serious or permanent nerve damage – can take longer. We will keep you informed at every stage and give you realistic guidance on timescales as your case progresses.

As well as handling the legal process, our team can help you access the right rehabilitation and medical specialists to support your recovery. We will work to secure interim payments where possible, so you do not have to wait until your claim concludes to access treatment or make necessary adaptations to your home.

We will keep you updated throughout, explain things in plain language, and make sure you feel supported – not just as a client, but as a person.