Foot Drop Surgery Error Lawsuit – Medmal Attorney
Foot drop or Peroneal nerve injury is a serious medical condition resulting from damage to the sciatic nerve. Every year thousands of individuals suffer from foot drop as a result of back surgery and other medical procedures that are improperly conducted by physicians. Victims of medical malpractice including neurological damage are entitled to compensation under the law.
Diagnoses – Noticing the Signs of Foot Drop
Some of the most common signs and symptoms of foot drop include the following.
- Unable to point toes in the correct direction; towards the body.
- General pain, weakness and numbness.
- Loss of function in the foot.
- Steepage gait or foot drop gait – a high stepping walk.
- Dragging your foot.
- Inability or difficulty in lifting the front part of the foot.
Foot drop may be an indication of severe nerve damage which can worsen in time resulting paraplegia, incontinence, Regional pain syndrome, and impotence in men.
Establishing Medical Malpractice and Surgical Error
Medical malpractice takes place when a deviation from the standard of care establishing my the medical profession and specialty is the cause of significant harm to the patient. Proving Negligence: There are five elements which need to be shown in order to prove a negligence based cause of action in the court of law.
(1) There was a duty owed by the medical doctor to the treating patient.
(2) The duty of care was breached the physician – on other words there was a deviation from the general standard of care.
(3) The deviation from the standard of care is the factual and approximate cause of harm that took place.
(4) A documentable physical injury or harm took place
Victims Right to COMPENSATION
Patients who have suffered harm during a surgery or medical procedure due to the negligence of a medical professional are entitled to compensation for all harms suffered. However certain states including California have placed some restrictions. A list of all types of harm compensable include the following…
- All medical and health related costs incurred.
- All future medical and rehabilitation costs.
- Non-Economic Damages including Pain and suffering and punitive damages: In the state of California non-economic damage compensation limited to $250,000.
- Economic damages – including loss of income and loss of future earning capacity.
Legal Consultation Available: If you have any further legal questions regarding foot drop nerve injury due to a medical procedure feel free to contact our law offices. All legal consultations are provided free of charge.