When individuals visit their primary care physician for treatment, they can hardly ever expect to walk out of their doctor’s office in a worse condition than they were when they went in. Unfortunately, this occurs more commonly than many are willing to believe. The damages from medical malpractice can be quite severe, ranging from receiving the wrong dosage of medicine to having a piece of medical equipment left inside of a patient. However, one nerve disorder trumps many others. Known as trigeminal neuralgia, or TGN (TN) for short, this devastating condition can leave a victim with a lifetime of chronic pain. This tremendous pain is often difficult to treat, and as a result, patients end up having to spend an exuberant amount of money to simply mitigate the day to day pain this condition can cause. Fortunately, if you were diagnosed with trigeminal neuralgia as a result of medical malpractice, you may be able to sue the physician responsible for your damages. At Normandie Law Firm our Los Angeles trigeminal neuralgia attorneys can guide you through the process of building a case, filing a claim, and reaching a settlement that covers all of the damages you have suffered. If you have any questions after reading this article, please feel free to reach out to our law offices for a free consultation from one of our many well-versed legal advisors.
What Is Medical Malpractice?
Medical malpractice is a mistake made by a doctor, nurse, or surgeon that causes injury to a patient during treatment. All healthcare professionals are held to the same standard of care, that being they are expected to perform the same level of treatment another reasonably competent physician in that same field would deliver. If a healthcare professional fails to uphold this standard of care, the injured party has every right to sue the medical professional or hospital for their mistake. Medical malpractice can arise in a wide variety of forms, all of which can cause significant damage to a patient. These various forms of medical malpractice are listed as follows:
- Misdiagnosis: A misdiagnosis can include a missed or delayed diagnosis of a medical condition. In some cases, health conditions require immediate and effective treatment for a patient to reach a state of recovery. If a patient is diagnosed improperly, they could miss that window of effective treatment and be left with damages that otherwise would have been treated. When proving a misdiagnosis case, you must prove that another, more competent doctor in the same field would have been able to diagnose the condition. If this is the case, you may be able to sue your health care provider for their malpractice.
- Childbirth Injuries: Childbirth is a highly sensitive process, which if done improperly can result in some truly grueling damages to both mother and child. Some of these damages can include brain injuries, fractured bones, or even paralysis. If your physician’s negligent actions or errors caused any of these or similar conditions to the mother or child, or they failed to treat these conditions, you may be able to sue for childbirth medical malpractice.
- Medication Errors: Receiving the right medication for a patient’s condition is critical to their recovery. Unfortunately, errors in medication occur more commonly than any other form of medical malpractice. A medication error can occur at any stage of the treatment process from the initial prescription to a pharmacist administering the medication. If this is the case for you, you may be able to sue your medical provider for their negligence in delivering and administering your medication.
- Anesthesia Errors: Anesthesia is an incredibly sensitive process, that if done improperly can result in brain injury or even death. Some of these errors in anesthesia can include: failing to properly review a patient’s allergy record, failing to inform a patient of the risks, or administering far more anesthesia than is necessary. Often anesthesia errors are far more damaging than even surgical errors, and if you believe this kind of error is evident in your case you may be able to file, a lawsuit against the medical professional responsible.
- Surgical Errors: A surgical error can range from performing the wrong treatment to leaving surgical equipment inside the body. The damages from surgical errors can range dramatically, from organ perforation to death. In surgical malpractice, the surgeon, doctor, or nursing staff could all be held liable for the damages.
Any of these forms of medical malpractice can result in the truly devastating nervous system condition, trigeminal neuralgia. If you or a loved one were diagnosed with trigeminal neuralgia that was caused by medical negligence or medical malpractice, you have every right to sue the doctor responsible for the damages that you have suffered.
Trigeminal Neuralgia (TN): A Chronic and Painful Condition
Trigeminal neuralgia is a condition that affects the trigeminal nerve which is located in the head. Damage or pressure to this sensitive area can result in tremendous and chronic pain that affects the lips, scalp, nose, forehead, and upper and lower jaw. TGN has a wide variety of symptoms, and they can all vary widely between patients. Some of the common symptoms of trigeminal neuralgia are listed below for your reference:
- Episodes which grow in intensity and frequency as time goes on
- A continuous spasm-like pain that is characterized by aching, or burning.
- Pain that is focused in the areas related to the trigeminal nerve. This includes the check, jaw, teeth, gums, lips, or even the eyes and forehead.
- Pain that lasts for a few seconds to many minutes that comes and goes over a period
- Pain that lasts for several days, weeks, or even months. Sometimes in severe cases, TGN can cause pain that never fades.
- Pain that is felt on one side of the face, or both sides of the face.
- Pain that is described an electric shock
- Pain that is triggered by any actions involving the face. This can include brushing teeth or even speaking.
Unfortunately, there is no cure for trigeminal neuralgia. The only way to mitigate the reoccurring painful episodes is to seek extensive pain treatment. This treatment can be incredibly expensive, especially once you consider that victims require continued medical care over the course of their life. While a cure has yet to be found, the medical community has identified two different forms of trigeminal neuralgia:
- TN1: Often referred to as the ‘classic’ form of Trigeminal neuralgia, TN1 is described as a periodic or episodic pain. Victims often describe this pain as being sporadic, burning, or even shock-like.
- TN2: TN2 is a form of TGN that is termed as ‘atypical’ as the pain it causes is constant, and can have long periods of non-stop affliction. This pain is described as a burning or stabbing pain. While less severe than TN1, TN2 can last for days, weeks, months or even years.
The causes of trigeminal neuralgia can vary dramatically, from old age to physical trauma. Unfortunately, trigeminal neuralgia can be caused by a medical error by a doctor or hospital. When this occurs, the victim has every right to sue the medical professional responsible. However, it is important to note that the process of suing a doctor or hospital can be incredibly challenging, as they will more than likely have the resources to hire a team of legal experts to dispute your claims. Fortunately, with the help of an experienced lawyer that takes trigeminal neuralgia injury cases you can earn the compensation you deserve, and hopefully, start a process of recovery.
Suing A Hospital for Trigeminal Neuralgia Caused by A Surgical Or Medical Mistake
The process of suing a hospital for trigeminal neuralgia caused by a surgical or medical error can be somewhat challenging. There are often some legal hurdles you must overcome before you can file a successful case against them. However, that is not to say that suing a hospital or doctor for trigeminal neuralgia caused by medical malpractice, is impossible. With the help of an attorney with experience in TGN medical malpractice cases, you can reach a positive resolution to your case.
One of the most fundamental aspects of any medical malpractice case is being able to collect substantial evidence. As with any personal injury case, it is crucial that you collect evidence like photographs, video footage, medical records, and any eyewitness accounts. However, with medical malpractice cases, you must also collect expert testimony. Expert testimony shows that the physician’s treatment broke the standard of care expected of all physicians. This evidence is then used to prove the negligence of the doctor or physician, responsible. Listed below are the critical aspects of any claim of negligence in a medical malpractice case:
- The existence of a doctor-patient relationship: Patients who think they have experienced medical malpractice in the emergency room must be able to prove that there was a physician-patient relationship. This relationship essential means that there was an agreement wherein the patient agreed to be treated, and the physician agreed to treat said patient.
- The physician’s negligence: The patient must be able to prove that the doctor or physician’s negligence caused the damages endured. The physician’s care is not expected to be perfect; however, it must at least meet a medical standard of care. This is where expert testimony comes into play, as you must be able to prove that your physician’s care did not meet the care of another reasonably competent and skilled physician.
- The physician’s negligence caused the injury: The patient must be able to show that it is ‘more likely than not’ that the physician’s specific actions directly caused the injury the patient is suffering from. To do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
- The injury led to specific damages: The patient must be able to prove that they have suffered specific damages caused by the injury. Some of these particular damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity.
Proving the negligent actions of the doctor or physician is just one part of a more extensive legal process. While crucial to the outcome of your case, there are other aspects of a medical malpractice lawsuit that can truly make or break the potential of a settlement. For this reason, it is highly recommended that you seek legal guidance from a lawyer with expertise in TGN medical malpractice cases. Having the right trigeminal neuralgia, medical malpractice lawyer on your side can make the difference between earning significant monetary compensation, and have your case dismissed from court entirely. For your reference, we’ve included some of the important aspects crucial to bringing your medical malpractice case to a settlement:
- Medical Malpractice Review Panels: Some states require that injured patients submit their claim to a medical malpractice review panel. This panel is made up of medical experts who will hear your argument, review the evidence and expert testimony, then decide whether malpractice is evident in your case. This panel does not award damages to patients. However, it is an obstacle that must be overcome to take your medical malpractice case to court.
- Special Notice Requirements: In some states, patients are required to give the physician a notice of the malpractice claim in the form of a basic description. This is done before a patient can file anything.
- Expert Testimony: In medical malpractice cases, expert opinions are crucial to the success of a case. State rules vary in determining what makes an individual qualified to provide this testimony, but in most cases, it is someone who has experience in the same field of medicine that involved the patient’s injuries.
- Limits on Damage Awards: Some states establish a limit on the amount of money that a patient can be awarded for their damages. Seeking legal assistance can help in determining if this award cap applies to you and your case.
How Normandie Law Firm Can Help
Trigeminal neuralgia is an incredibly serious condition, and it can leave a victim with a lifetime of chronic pain that can be impossible to recover from fully. If you or a loved one have experienced medical malpractice in the hospital, emergency room, clinic, pharmacy, or any other kind of medical facility and were diagnosed with TGN, you may be eligible to file a lawsuit against the physician responsible for your damages. When filing these lawsuits, it is in your best interest that you seek legal guidance from an attorney that has expertise in fighting for the rights of those damaged by medical malpractice. At Normandie Law Firm, our skilled Los Angeles trigeminal neuralgia lawyers are committed to ensuring all of our clients receive all the resources they need to earn the compensation they deserve. If you file a claim with our experienced law firm, you may earn some if not all of the following compensable damages:
- All of you medical and hospitalization costs
- All of your future medical care and treatment
- A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
- Compensable economic damages include loss of property or damaged property.
- Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.
Victims of medical malpractice can contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based in Los Angeles, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Los Angeles, Riverside, Fresno, and throughout the state of California.
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Other attorneys will sign you up for their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
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If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.
