Nerve Compression Injury Treatment 

Any injury affecting the spine has the potential to be challenging to treat. The treatment for nerve compression injuries can range from over-the-counter anti-inflammatories to surgical intervention, depending on the severity and type of injury causing your compression. Some of the nonsurgical options include: 

• Changes in activity
• Physical therapy 
• Medications such as ibuprofen, neuropathic drugs, muscle relaxers, cortisone injections, or opioids

Surgical Treatment

Surgical intervention may be required if these less invasive options fail to relieve symptoms. Even a ‘minor’ surgical intervention is still a spinal surgery. However, as the symptoms become worse, you may need multiple surgeries requiring metal hardware or, in rare cases, an artificial disk.

Complications Prone to Nerve Root Compression

Any form of treatment has the possibility of unexpected side effects. As symptoms progress or worsen and treatments become more intense or invasive, you may face increased risks of complications. 

Medication Complications

For example, many of the neuropathic medications used to treat symptoms can affect mood, weight, and libido. Additionally, while opioids can provide tremendous benefits when prescribed and taken appropriately, they are not without risk as we continue to face the opioid epidemic in Maine. 

Surgical Complications

While many common surgical interventions are considered relatively safe, there is always a risk. Even when surgery goes perfectly, recovery can still be an additional drain on you emotionally, physically, and financially. Spinal surgery is among the more dangerous surgical interventions simply because of the fragility and importance of surrounding structures. Some of the risks of surgical interventions such as diskectomy or spinal fusion include: 

• Additional nerve injury 
• Blood loss
• Spinal fluid leak 
• Infection 
• Pain at the surgical site
• Return of symptoms
• Death 

Any of these complications may be expected, depending on your age and overall health. However, they may also have lasting consequences. If your surgeon makes a mistake, you may find yourself waking up in worse pain than when you started, with additional health concerns or additional time on your hospital stay. 

Mental Health Complications

The experience of chronic pain from nerve compression can have significant mental health effects. Recent research tells us that there is a significant relationship between those who experience chronic pain and an increase in mental health conditions like depression and anxiety and a decrease in overall quality of life. 

Additionally, mental health problems were found to be more common among those with neck and back pain than those without. This included a higher rate and longer duration of major depressive symptoms. 

Why Do I Need a Nerve Root Compression Injury Attorney?

Your quality of life, recovery, and case outcome may benefit significantly from working with a nerve root compression malpractice attorney. Managing negotiations and keeping up with paperwork and deadlines is nearly a full-time job. When you are already trying to recover from an injury or cope with ongoing pain and numbness, this can significantly affect your physical and mental health. 

A nerve root compression injury attorney will work with you to recover the maximum compensation available and handle the day-to-day tasks of your case. Widely considered one of the best personal injury firms in Maine, Berman & Simmons brings 100 years of experience working with personal injury victims and a long track record of successful verdicts. We provide countless benefits to our clients. 

Understanding of the Legal Process of Nerve Root Compression Injury Claims

The attorneys at Berman & Simmons routinely handle medical malpractice and personal injury cases, which allows us to more readily manage deadlines, follow the appropriate processes for filing paperwork, motions, or documentation, and understand the nuances of situations where your rights may be violated. People often miss some of these requirements or violations when they handle their cases without consulting a nerve root compression malpractice lawyer. Failure to meet these requirements can mean you lose your case and any ability to recover compensation for your losses.

Medical Literacy

Pursuing a medical malpractice lawsuit can be incredibly difficult when you are working independently simply due to the understanding of medical terminology. A Berman & Simmons lawyer has the experience and support to understand some of the more common medical intricacies relating to nerve compression injuries.

Referrals

Nerve root injuries can require a very specialized type of education to treat and evaluate effectively. A large part of building your case may mean seeking second or third opinions for evaluation and treatment. When you work with a firm familiar with these types of cases, you may also benefit from referrals for these kinds of specialists. 

Building Your Case

One of the primary roles of a personal injury attorney is to build a strong case for recovering compensation. Developing a strong argument can be done in many ways, but this often includes collecting evidence such as:

• Photos of the initial injury or surgical site (if applicable)
• Medical records  
• Witness statements

Negotiations

Much of a personal injury claim involves negotiations. The insurance company will generally start with an offensively low offer, and an experienced attorney will know their strategies for reducing payouts. They will often better understand how to negotiate these types of cases and where to identify and utilize leverage that leads to higher payouts. 

Point of Contact 

Once an attorney represents you, they become the point of contact for anything related to the case. This helps you by freeing your time to focus on your life instead of going back and forth with insurance adjusters or other parties. The negotiation process can take a significant amount of time and require communication, which can be stressful. Your attorney will handle calls and e-mails with other parties and update or consult you when necessary. 

What to Expect in a Nerve Root Compression Injury Case

Sometimes, the most stressful part of a personal injury case is the uncertainty. While no one can truly know the outcome of a legal case until it is over, it can be helpful to have a basic understanding of what to expect. This can provide you with peace of mind and allow you to better prepare for what may be to come. 

This list is meant to be a very general understanding, and you should consult with a nerve root compression medical malpractice lawyer for more details on what to expect from your specific case. The basic components and stages of a case include:

• Investigation: The first stage of any case is to investigate what happened. This may mean you seek other medical evaluations, gather documentation, and collect information for any other witnesses or parties that may be able to help
• Negotiation: The negotiation phase can be the longest. A qualified nerve root compression medical malpractice attorney will often advise you against accepting the first offer you receive in the interest of recovering fair and appropriate compensation
• Settlement: If negotiations are successful, the insurance provider offers an agreeable amount, which is paid according to the settlement terms. 
• Lawsuit: If the insurance company fails to provide a fair settlement amount, you and your attorney may choose to escalate the situation and file a formal lawsuit that allows you to take the case before a judge

Understanding What it Means to Pursue a Civil Case

In Portland, ME, the courts have two paths to justice. Criminal cases are those that focus on the consequences of the alleged wrongdoer or person who broke the law. A civil case focuses on recovering compensation for the damages caused to the victim of the alleged perpetrator. In the case of medical malpractice, your physician may have broken best practices, standard of care, or even professional ethical standards, but that does not mean they have violated the law. 

In these cases, you may choose to pursue a civil lawsuit to recover compensation for the injuries they caused instead of working with a Maine prosecutor to argue for a criminal conviction. Your physician may have also broken laws, which can result in a criminal case. 

However, you may still pursue compensation, even if the state is pursuing criminal charges. There may be some variation to the timeline or what you can expect from your case, but you can speak with a nerve root compression medical malpractice attorney to gain a more thorough understanding of how a criminal case may affect you. 

Will My Case Settle Out of Court?

Many people wonder if they can expect their case to settle, as with anything else in law, which does not have a clear answer. In an article by the Urology Times, more than 90% of medical malpractice lawsuits settle, while about 7% go to trial. Personal injury cases are often settled prior to court because introducing a case before the judge can make the outcome expensive and unpredictable. 

A trial takes time and money to prepare, and the judge may award more than what you could have settled for, leaving the other side significantly more money. However, the same may be said about the injured party as well. For this reason, working with a nerve root compression medical malpractice lawyer is critical to explore all of your options fully. 

Establishing Negligence in Medical Malpractice Cases

The foundation of any civil lawsuit or medical malpractice case is establishing negligence in your physician’s behavior or treatment. Questions surrounding how we establish negligence are one of our frequently asked questions. The specific information your attorney may use to support your claim will vary depending on the details of your situation. However, the primary components of successfully establishing your case for a malpractice claim are as follows: 

Duty of Care

You must first establish that the defendant has a legal duty to the client. In the case of medical malpractice, it is your physician’s duty to abide by the standard of care, which is the action any other qualified, reasonable physician would take. This may include a thorough history, ordering imaging, and taking you seriously when you report pain or other symptoms of a nerve root compression injury.

Breach of Duty

Eligibility for a lawsuit begins with the breach of duty. This is a failure to comply with the defendant’s duty to you regarding your safety and well-being. This can be deviating from the standard of care by failing to provide an adequate physical exam, failing to order appropriate tests or assessments, or failure to failure to treat nerve root compression. 

Direct Consequences of the Breach

Perhaps most importantly, you must show that the breach of duty directly caused your injuries. After all, if their negligence didn’t hurt you, there aren’t any damages to claim. For example, you must provide evidence that your physician’s failure to diagnose nerve root compression is the cause of your pain and injury. 

Compensation in a Nerve Root Injury Malpractice Case

The compensation in a malpractice suit comes from medical malpractice insurance. In Maine, the insurance requirements can vary from 100,000 to 1,000,000 depending upon the institution and field. When you consider the damages to request, we must, unfortunately, consider policy limitations. However, some of the damages we may commonly claim include:

• Medical costs
• Therapy costs 
•  Loss of income
• Loss of earning potential
• Pain and suffering
• Cost of necessary support services

Each case is different in terms of specific injuries and needs, so while some may claim all of the above damages and then some, others may only claim a couple of the above list. However, working with your attorney, you can determine what is most appropriate for you. 

Wrongful Death 

Losing a loved one from physician negligence is devastating. If you are on this page to explore your legal options because the treating physician’s negligence killed a loved one, you may be eligible to file a wrongful death suit. 

Maine legislation allows individuals with certain relationships to file this type of lawsuit to recover damages under Article 2-807 of the Probate Code. It may seem crass to make a claim for money following the loss of a loved one, but it can be a feasible way to secure financial stability in your time of grieving and a way to bring accountability to the person responsible. 

Call a Nerve Root Injury Malpractice Attorney Today 

Pain in your neck and spine can be debilitating. Even a dull sensation over weeks or months can affect how you function in daily activities. When your physician fails to identify or treat your nerve compression appropriately or even causes it with their negligent care, they should not be free of the burden. Berman & Simmons have over a century of experience advocating for personal injury victims. Our many accolades and client stories can help you see the impact of our dedication to our clients.