During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma.

Question

During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma that has caused intense burning pain. This trauma, caused by the doctor, resulted in me losing my job, going to multiple doctors, undergoing numerous treatments, spending significant amounts of money, and in need for another surgery that recently happened.   
Two doctors made the same diagnose for me “postsurgery neuroma".  While I don’t have any medical records that explicitly state the surgeon caused trauma or damaged nerves during the hip replacement surgery, two doctors have indicated in their physical evaluation and included in my medical records that I have a postsurgical neuroma at the incision site. 
Is this a case?

Joel Gary Selik · Answer

Yes it may be a case.  Another doctor will have to determine if this happened BECAUSE of malpractice or if it can happen without malpractice.

Eliza Jasinska · Answer

You may have a case for medical malpractice due to the nerve damage and neuroma following your hip replacement surgery. While California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000, economic damages, such as medical bills and lost income, are not capped. Two doctors’ diagnoses of a "postsurgery neuroma" may support your claim, even without explicit records of surgical trauma. Since there are strict timelines for filing malpractice claims, contact a medical malpractice attorney as soon as possible to review your case and protect your rights.

James L. Arrasmith · Answer

You may have a valid medical malpractice case based on the post-surgical neuroma and its severe impact on your life. The presence of medical documentation from two different doctors confirming the neuroma at the surgical site helps establish the connection between your injury and the hip replacement procedure. 
 
While you don't have explicit records stating the surgeon caused the nerve damage, this isn't always necessary to pursue a claim. The fact that the neuroma developed specifically at the incision site, combined with your documented symptoms and the need for additional surgery, can help demonstrate that the injury likely occurred during the original procedure. The significant consequences you've experienced - job loss, ongoing medical expenses, and continuing pain - are important factors in determining potential damages. 
 
Given that California has a one-year statute of limitations for medical malpractice claims from the date you discovered (or should have discovered) the injury, you should consult with a medical malpractice attorney as soon as possible. They can review your complete medical records, work with medical experts to evaluate whether the surgeon met the standard of care, and help determine the strength of your case. Many medical malpractice attorneys offer free initial consultations and work on a contingency fee basis, meaning you only pay if they win your case.

Q: During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma.