By Jo Anderson. Last Updated 1st February 2024. Welcome to this case study covering medical negligence payouts for nerve damage. In it, we describe how a sciatic nerve damage settlement was arrived at for a case involving a young girl. We also look at what the sciatica compensation amount included, and explain why the average payout for sciatica would not give you the amount you could receive in sciatic nerve damage compensation. Further to this, we look at other reasons you might ask about the average payout for nerve damage. This could include instances where you’ve suffered nerve damage as a car accident injury. Therefore, we also provide car accident settlement examples too.
The case study in this guide is about a young girl who was awarded £400,000 compensation for a damaged sciatic nerve. Following an operation to remove her colon, to deal with another medical condition, she was left, in the same position, for over 16 hours. Once the sedation wore off and she awoke fully she realised that it was very difficult to walk and there was numbness in her left leg.
The girl, aged 13 at the time, suffered a lot of pain, drop foot and most importantly, suffered socially because of her injuries. She missed a lot of school and will have to live with sciatica pain for the rest of her life.
The case showed that the damaged sciatic nerve was caused by negligence of the nursing staff who should’ve turned the girl at regular intervals while the effects of sedation were wearing off. The hospital denied these claims and it was the job of the personal injury solicitor to prove how the sciatic nerve lesion had occurred and how the hospital was to blame.
Damaged sciatic nerve compensation
We are using this case study to show how important a personal injury solicitor is when seeking compensation for nerve damage, especially when the other party involved denies liability.
We have a team of specialists available to listen to how you damaged sciatic nerve occurred so please call us for free on 0800 073 8801. If you want to know more then continue reading and find out how the young girl managed to secure the large sciatica compensation payout.
Select A Section
- Medical Negligence Leading To A Sciatic Nerve Lesion
- Sciatic Nerve Lesion Claim
- Sciatic Nerve Injury Settlement
- Eligibility Requirements For Damaged Sciatic Nerve Claims
- The Time Limit For Making A Damaged Nerve Claim
- Average Payout For Nerve Damage After Surgery
- Evidence For Claiming A Sciatic Nerve Damage Settlement
- No Win No Fee Claims For A Sciatic Nerve Lesion
- Useful Links Relating To Medical Negligence Payouts for Nerve Damage
Medical Negligence Leading To A Sciatic Nerve Lesion
In this case the claimant, a 13-year-old girl, was admitted to hospital to treat another, unrelated, illness. The operation to treat the illness was successful and was not where the damaged sciatic nerve injury happened, the aftercare was where the negligence occurred.
While recovering from the operation the girl was moved to a ward. She was lying on her side when she returned to the ward and she was in the same position 16 hours later when she awoke the next morning. She realised as soon as she woke that she couldn’t move properly as her left leg was numb and she felt too weak to move it. It was alleged that, as the aftercare team hadn’t turned her at all in those 16 hours, she had suffered a compression injury leading to the damaged sciatic nerve.
Sciatic Nerve Lesion Claim
The allegation in this case was that the damaged sciatic nerve was because the medical staff acted negligently when they failed to turn the patient for over 16 hours. She was unable to do so herself as she was still partly sedated and if they had done so she wouldn’t have suffered the pressure palsy resulting in the damaged sciatic nerve and the subsequent life changing problems.
The NHS denied the case against them citing that her other medical conditions were to blame so the personal injury solicitor in the case would’ve had to gather evidence that the damaged sciatic nerve could not have been related to her other illnesses and, with the help of medical reports and witness statements argue that the NHS were to blame for the damaged sciatic nerve as the nursing staff failed to move the patient for such a long time.
Sciatic Nerve Injury Settlement
The settlement, when reached out of court, took into account the damaged sciatic nerve but also a number of post-injury problems that were proven to be linked to the injury sustained following the negligence.
The amount agreed upon was £400,000 so that the claimant can lead a more normal, and independent, life. The figure was so high due to the anxiety that the claimant suffered, the fact that she has a permanent disability, a diagnosis of adjustment disorder and the pain and suffering. The case highlights how important it is to have a good personal injury solicitor on your side when claiming for a damaged sciatic nerve as it’s not just the injury that you need to claim for as this case demonstrates.
Eligibility Requirements For Damaged Sciatic Nerve Claims
All medical professionals owe their patients a minimum standard of care. This si their duty of care. Should their care fall below this standard, you may suffer harm that could have been avoided.
For example, some patients who undergo surgery require turning every so often to avoid sustaining pressure-related complications. If this is not undertaken, the sciatic nerve could be damaged as a result.
To be able to make a medical negligence claim for sciatic nerve damage, you will need to meet the following eligibility criteria:
- A medical professional must have owed you a duty of care.
- They must have breached this duty.
- Due to this breach, you suffered unnecessary or avoidable harm.
If you would like to check your eligibility to claim for medical negligence or to learn about medical negligence payouts for nerve damage claims, please contact one of our advisors. They could check your case for free to see if one of our solicitors could assist with your claim.
The Time Limit For Making A Damaged Nerve Claim
If you are eligible to make a medical negligence claim for your damaged sciatic nerve, you must start the legal process within the limitation period as set out by the Limitation Act 1980. This is typically three years from the date you were harmed, or from the date of knowledge. This refers to the date you first reasonably connected the harm you suffered with negligence.
However, there are exceptions to this time limit. These include:
- Those who lack the mental capacity to start proceedings. For these parties, the time limit is suspended indefinitely. During this time, a court-appointed litigation friend could bring forward a claim on their behalf. However, if they were to regain this mental capacity and a claim was not made for them, they will have three years from the date they regained this capacity to start proceedings.
- Those under the age of 18. In these cases, a pause is applied to the time limit until their 18th birthday. Before this, a litigation friend can bring forward a claim for them. However, if they reach their 18th birthday and legal proceedings were not started, they will have three years from the day they turn 18 to begin the process.
If you have any questions about the limitation period when seeking a nerve damage settlement, get in touch with an advisor.
Average Payout For Nerve Damage After Surgery
Following nerve damage, you may wish to know how legal professionals assign value to nerve injury claims. In this section, we look at sciatic nerve damage compensation you could potentially claim.
You may have tried searching for the average payout for sciatica. However, knowing this might not be helpful for you. That’s because each medical negligence claim is unique and assessed on its own merits.
If your claim is successful, general damages compensates for the physical pain and emotional suffering caused by your injuries. When assigning value to general damages, legal professionals use the Judicial College Guidelines (JCG) as guidance. It lists various injuries in different severities along with compensation brackets.
Our table below contains compensation brackets for injuries you could suffer due to nerve damage from the JCG. It is to be used for guidance rather than an example of what you will receive.
| Injury | Severity | Amount |
|---|---|---|
| Multiple severe injuries resulting in pain, suffering and financial losses. | Combinations of severe injuries which cause pain and suffering and result in financial losses, such as loss of income and care costs, for example. | Up to £500,000+ |
| Injury to the back | Severe (a) (i) The most severe types of injury, which include damage to the spinal cord or nerve roots, causing permanent disability. | £91,090 to £160,980 |
| Injury to the back | Severe (a) (ii) Damage to nerve roots that have significant impacts on continence and cause loss of sensation, for example. | £74,160 to £88,430 |
| Injury to the back | Severe (a) (iii) Soft tissue injuries leading to chronic conditions, significantly impacting the injured person’s ability to work, for example. | £38,780 to £69,730 |
| Injury to the back | Moderate (b) (i) Damage that is less severe than the bracket above but where there is nerve root irritation and a reduction in mobility, for example. | £27,760 to £38,780 |
| Injury to the back | Moderate (b) (ii) Many frequently seen injuries to the back causing pain and impacting the person’s ability to perform usual daily tasks. This bracket also include exacerbation of previous injuries. | £12,510 to £27,760 |
| Leg injuries | Less Serious (c) (i) - Injuries could include soft tissue damage that results in some nerve damage in the lower limbs. | £17,960 to £27,760 |
As a result of your injury, you may have incurred certain expenses. You might be able to recover these under special damages.
Potential special damages in a medical negligence claim may include:
- Loss of earnings. This may include your future earning losses and pension contributions.
- Medical expenses, such as physiotherapy required.
- Injury aids. For example, if you need a wheelchair due to your nerve damage, you might be able to recover the cost.
- Home help, such as a carer or cleaner.
To claim special damages, it is likely you will need to submit evidence. For example, receipts for items you purchased.
As stated above, each claim is different. Each individual may require separate items to cope with their injuries. For example, one person may need a specialist mattress and claim the money spent on it; whereas another claimant may not have any costs to recover. This is why it might not be helpful for you to know the average payout for nerve damage.
Call our advisors for a free claim valuation. They can also advise you on what expenses you could recover.
Evidence For Claiming A Sciatic Nerve Damage Settlement
If you intend to make a medical negligence claim for sciatic nerve damage, you will need to submit evidence to support your case. To prove a medical negligence claim, you would need evidence that showed your treatment fell below the accepted minimum standard. Furthermore, you would need to prove the harm you suffered resulted from this breach in duty of care.
Useful evidence in such cases could include:
- Your medical records, detailing any medical appointments, the diagnosis of your damaged sciatic nerve and the treatment you require.
- Witness contact details of anyone who witnessed your treatment, as they may be able to provide a statement.
- A diary detailing your symptoms.
- Financial documents showing the monetary costs and losses you have experienced due to the medical neglgience. For example, your payslips could help with showing a loss of earnings if you required time off work.
To learn more about gathering evidence to support a claim, or learn what could impact medical negligence payouts for nerve damage, please contact an advisor. Additionally, if you discuss your case with our advisors, they may connect you with one of our solicitors who could help you with gathering evidence to support your case.
No Win No Fee Claims For A Sciatic Nerve Lesion
You may wish to work with a solicitor on your nerve damage claim. A solicitor who is experienced in helping claimants get medical negligence payouts for nerve damage could assist you in obtaining evidence to support your case. They could also negotiate a compensation settlement on your behalf.
If you are eligible to claim, one of our solicitors could offer to work on your case under a No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA). Under a CFA, you would not typically pay your solicitor for their work upfront or throughout the process of your claim.
If your claim succeeds, your solicitor will take a legally capped success fee from your compensation. Should your claim fail, you would not typically have to pay your solicitor for their work on your case.
To learn more about how our No Win No Fee solicitors could help you, or to check your eligibility to claim, please contact an advisor.
- Call an advisor at any time on 0800 073 8801
- Use the online form to contact us.
- Live chat with one of our experts.
Useful Links Relating To Medical Negligence Payouts for Nerve Damage
If you need more information before claiming for your damaged sciatic nerve injury, then here a few useful documents.
Damaged Nerve Claims – not just about damaged sciatic nerve injuries, this article contains other nerve injuries and how to claim compensation for them.
NHS Sciatica exercises – These exercises won’t cure a damaged sciatic nerve but can be useful if you think you’re suffering from sciatica.
Hospital Negligence Claims – Our general guide to making a claim against a hospital, NHS or private, for negligence (not just for a damaged sciatic nerve – it covers all types of negligence).
Get more information on shoulder injury compensation payouts by reading through our case study guide.
Thank you for reading this case study on medical negligence payouts for nerve damage.