Damage as Result of brain surgery

[qtpicindy]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? Live in NC now surgery took place in San Diego.

In late 2006 I had brain surgery to replace a shunt in my that had stopped working they also went into my stomach and replaced some tubing. Just about a month later a massive cyst grew in my stomach and I had to go through another two surgeries to remove the cyst then to leave out the tubing until they decided where to place it.

My issue now is for over a year now I have been experiancing extreme pain in my head which they have been trying to control the pain with dilaudid I have been on it for months and they finally figured out that I have occipital neuralgia which basically is a damaged nerve. My Dr's now are telling me that the damage was cause because of the surgery. I will now have to go through another surgery to cut the damaged nerve that will leave my head numb for the rest of my life not to mention the risks associated with the surgery.

Do I have a lawsuit for all the pain and suffering as a result of them damaging the nerve??

Please help

[IsabellaSoriano]

Originally Posted by qtpicindy

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? Live in NC now surgery took place in San Diego.

In late 2006 I had brain surgery to replace a shunt in my that had stopped working they also went into my stomach and replaced some tubing. Just about a month later a massive cyst grew in my stomach and I had to go through another two surgeries to remove the cyst then to leave out the tubing until they decided where to place it.

My issue now is for over a year now I have been experiancing extreme pain in my head which they have been trying to control the pain with dilaudid I have been on it for months and they finally figured out that I have occipital neuralgia which basically is a damaged nerve. My Dr's now are telling me that the damage was cause because of the surgery. I will now have to go through another surgery to cut the damaged nerve that will leave my head numb for the rest of my life not to mention the risks associated with the surgery.

Do I have a lawsuit for all the pain and suffering as a result of them damaging the nerve??

Please help

i really really want to say yes, but the SOL may already be up. wait for other replies.

[qtpicindy]

Originally Posted by IsabellaSoriano

i really really want to say yes, but the SOL may already be up. wait for other replies.

But would there be SOL is the medical issues didnt start until later? Thanks for the fast response. I will see what others think also.

[xylene]

Originally Posted by qtpicindy

Do I have a lawsuit for all the pain and suffering as a result of them damaging the nerve??

Was the damaged caused by negligence or some other deficiency / deviation from the standard of care?

Tragically brain / nerve damage is a foreseeable consequence of major intra-cranial surgery.

Were these risks disclosed to you in an informed consent?

[qtpicindy]

Originally Posted by xylene

Was the damaged caused by negligence or some other deficiency / deviation from the standard of care?

Tragically brain / nerve damage is a foreseeable consequence of major intra-cranial surgery.

Were these risks disclosed to you in an informed consent?

If I did sign any consent form at that time I cant remember because they had me on morphine at the time and they took straight into surgery shortly there after.

[xylene]

Was this emergency surgery?

I'm real sorry that the events are hazy, but it is an important consideration.

You really need to see a medical malpractice lawyer to see what can be done.

[Antigone*of*Greece]

Originally Posted by xylene

Was the damaged caused by negligence or some other deficiency / deviation from the standard of care?

Tragically brain / nerve damage is a foreseeable consequence of major intra-cranial surgery.

Were these risks disclosed to you in an informed consent?

My daughter has had her shunt revised recently. There are inherent risks with this type of surgery and are typically disclosed at the time of consent. The OP is going to have to prove that the neurosurgeon was negligent. Not going to be an easy task.

I suggest a consult with a med mal attorney go get a better evaluation of the case. The best strangers on an internet board can do is point this OP in the right direction.

[qtpicindy]

Originally Posted by xylene

Was this emergency surgery?

I'm real sorry that the events are hazy, but it is an important consideration.

You really need to see a medical malpractice lawyer to see what can be done.

I also have documentation that I went back to the surgeon not to long after the surgery complain of pain and they never really looked into the cause of the pain. But now that I am going through a military facility they looked deep into the problem and found it.

Is it leegal for me to sign a consent form when I am under the influence of morphine?

[ElvinMelvin]

Originally Posted by qtpicindy

Is it leegal for me to sign a consent form when I am under the influence of morphine?

Depends on how "under the influence" you were.

In order for the consent to be legal, you had to be in a state of mind whereby you could understand the information being given to you.

It has been argued that, in some cases, the effects of pain medication actually make the consent more valid, because the patient can focus on the information being presented without the distraction of severe pain.

However, if you were given so much morphine that you were unable to understand the possible complications, then you could challenge it.

As the others have advised you, you should talk to a medmal lawyer.

JMHO

[lya]

Obviously, the surgery that resulted in occipital nerve damage was not the first 'brain surgery' the OP had. The risks of the previous surgery(s) are the same as for this surgery. Also and again, obviously, the surgery was of an urgent nature; therefore, the rules that apply to obtaining consent are not the same as for elective procedures or non-emergency, non-urgent procedures.

The nerve damage would have to be a result of an act or acts of negligence only--no other reason.

A jury would hear that a person who requires a shunt to relieve pressure on his/her brain suffered an increase in cranial pressure and required a revision of the shunt or suffer irreversible brain damage or death. Morphine or no morphine, just about any rational person is going to consent to the surgery; the patient sought treatment/shunt revision.

Just about any person on a jury would be able to understand that this person is, at any given time, at risk for permanent damage to the brain.

I don't believe (you) would be able to convince a jury that only an act of negligence by the surgeon caused occipital nerve damage.

I see no indication of any damage due to negligence/malpractice.