Negligence Carpal Tunnel Surgery Claims Guide – How Much Compensation Can I Claim?
Carpal tunnel syndrome is a painful condition that often needs medical treatment or surgery to put right. The medical staff treating the carpal tunnel syndrome, have a duty of care to the patient to ensure that they follow the correct procedures in carrying out any surgery to the best of their ability in order to prevent unnecessary potential problems from occurring. If a patient gets injured or their carpal tunnel syndrome is worsened due to the negligence of the medical staff during surgery, then they may well be entitled to make a personal injury claim for surgery compensation.
If you have suffered due to medical negligence and wish to claim compensation for carpal tunnel surgery, it is advisable to seek advice from a reputable personal injury claims firm to give you the best chance of having a successful claim.
Legal Expert is a team of personal injury solicitors who have many years of experience with making carpal tunnel syndrome claims and can help you to get the compensation amount you deserve, just call us on 0800 073 8804 for free advice.
Select a Section
- A guide to negligent carpal tunnel treatment
- What is Carpal Tunnel Syndrome?
- What are the symptoms of carpal tunnel syndrome?
- What are the causes of carpal tunnel syndrome?
- How do Doctors diagnose and then treat carpal tunnel syndrome?
- What happens if I suffered negligent carpal tunnel surgery?
- Carpal tunnel medical negligence case study
- When claiming compensation for carpal tunnel surgery, what can my claim include?
- Carpal Tunnel Surgery compensation claims calculator
- No Win No Fee compensation for carpal tunnel surgery
- How to make your claim with the team at Legal Expert
- Talk to us now
- Useful resources and links
When someone develops carpal tunnel syndrome, once diagnosed, their doctor will recommend the best way to treat it. Initially they will advise the patient to rest their arm and hand, and that any actions that worsen the symptoms need to be stopped completely. With complete rest, carpal tunnel syndrome symptoms can disappear although it can take several months. However, if this is not possible or appears to be ineffective, sometimes a wrist splint may be given to help immobilise the arm or corticosteroids injections into the arm may be given to help reduce inflammation.
If the symptoms continue, then the patient may be recommended for corrective surgery. As with any surgery there are risks involved, but the chance of risks of carpal tunnel surgery occurring should be rare with the care and expertise of the medical staff performing the surgery. Again, as with any surgery, an informed consent form should always be presented to the patient to read and sign before the surgery takes place and also any potential risks explained.
Unfortunately, although rare, problems may arise due to negligence during and after surgery for carpal tunnel syndrome causing the patient more pain and suffering. In these cases they are well within their rights to make a claim for compensation for carpal tunnel surgery. Legal Expert have put together this guide to give some information regarding carpal tunnel surgery compensation, carpal tunnel compensation awards and what is involved when making personal injury claims. The guide also includes information showing how much compensation for carpel tunnel surgery you could receive and how our no win no fee service works. Please read on further and feel free to contact us to discuss your personal case.
Carpal tunnel syndrome is a painful upper limb disorder that affects the wrist and hand, it is often seen as a type of repetitive strain injury that is commonly work related. The cause of carpal tunnel syndrome is the median nerve in the forearm becoming compressed which then causes pain and also dysfunction. The median nerve is found inside a small and thin passageway called the carpal tunnel which is made of tiny bones and some connective tissue, and runs along the length of the arm and into the hand. The tendons and median nerve work inside the carpal tunnel to allow movement and feeling in the fingers.
When the median nerve is compressed, the signals that are sent along the nerve to and fro the brain become disrupted causing the nerve to dysfunction affecting the movement and feelings in the arm, hand, fingers and thumbs.
The symptoms of carpal tunnel syndrome and their severity will differ with each person. Also they can worsen at certain times of the day with most people reporting that morning and evening tend to be worse, and using the hand often causes the symptoms to become more prominent.
The most commonly seen symptoms of carpal tunnel syndrome are:
- Tingling like pins and needles in the thumb, fingers, hand and / or arm.
- Pain and aching in the thumb, fingers, hand and / or arm.
- Numbness of the thumb, fingers, wrist and arm.
- Weakness in the hand and difficulty with gripping with the thumb and fingers.
- Reduced feeling in the thumb, fingers, hand and / or arm.
- Swelling in the affected area.
- Dry skin and changes in skin, particularly on the hand.
There are a number of different causes of carpal tunnel syndrome. Work related carpal tunnel syndrome is probably the most common where employees undertake tasks that require a repetitive movement and positioning of the hands and arms, but any activity that involves a continued repetitive use of the arms and hands could bring about carpal tunnel symptoms over time.
The most common causes of carpal tunnel syndrome are:
- Activities that are repetitive – Manual labour, working on a production line, playing a musical instrument, activities that require a strong hand grip, and any other work or leisure activity which needs repetitive movements.
- Crush injuries – Crushing injuries such as fractures, sprains, and literal crushing that causes swelling of the carpal tunnel or compression of the median nerve may trigger carpal tunnel syndrome.
- Previous wrist injuries.
- Pregnancy – it is thought that the change in hormones may affect the connective tissue in the carpal tunnel which then may compress the median nerve.
- Athritis in the wrist area.
- Existing health conditions – Rheumatoid arthritis, diabetes, and an underactive thyroid gland may eventually cause carpal tunnel syndrome.
- Being overweight.
Also, it has been found that carpal tunnel syndrome can run in families and so if either of your parents, or your brother or sister suffers with carpal tunnel syndrome, then you are at an increased risk of developing the condition.
Diagnosis is usually based around the patient’s symptoms alone. Examinations can be carried out to confirm if there is indeed a compression of the median nerve.
Two tests commonly used to aid the diagnosis are:
- The Tinel’s sign test – This is where a doctor will tap on the inside of the patient’s wrist, if they experience any tingling and numbness, then this will indicate that they are suffering from carpal tunnel syndrome.
- The Phalen’s sign test – This is where the patient’s arms are extended outwards and their wrists are flexed down towards the ground. If, after one minute, they experience numbness or tingling, then this will suggest that they have carpal tunnel syndrome.
The Doctor will also carry out general testing such as blood test, nerve conduction test, x-ray and ultrasounds for example, to find out if there is an underlying condition that may be causing the carpal tunnel syndrome.
Once the diagnosis has been made, the Doctor will advise on any treatment they feel is necessary. If the arm is completely rested, the condition may disappear after several months on its own, if this fails however, then a wrist splint may be used or corticosteroid injections might be recommended.
If all of the above have been tried but the symptoms still persist, then the patient may be recommended for corrective surgery. This involves cutting ligaments in the carpal tunnel under local anaesthetic to relieve the median nerve of any pressure. Surgery will only be suggested as a last resort however as, the same with any surgery, there are risks involved.
Sometimes unfortunately, a person’s carpal tunnel syndrome can be worse after they have had surgery. There may be a number of reasons for this such as:
- If the corticosteroid injection is injected straight into the nerve itself.
- The surgery does not correct the problem as the nerve is not sufficiently decompressed causing the patient to have to have surgery again.
Along with other possible problems, both will cause the patient to suffer furthermore with pain, discomfort and inconvenience.
If you have experienced more pain and suffering after having carpal tunnel surgery and you believe it was due to the negligence of the medical staff who were supposed to be caring for you and making you better, then you can claim for carpal tunnel surgery compensation. Contact a personal injury solicitor at Legal Expert and they will endeavour to help you receive the best carpal tunnel compensation awards that they can.
The case study below is an example of the effects that negligence in carpal tunnel treatment or surgery can have and how it might happen:
Following on from carpal tunnel surgery, a 66 year old lady sustained a motor branch nerve injury.
After suffering pins and needles with numbness in both hands but mainly in her left hand for around two years with it becoming more and more apparent in her daily activities, the lady was referred by a Doctor to the Kent and Sussex Hospital for surgery. She was given a consent form to read and sign but the only warnings on the form that recorded possible complications were chances of ‘tender scar, pillar pain’. However, following the surgery, the lady complained of loss of function and muscle wastage to her thumb and hand, also her thumb had reduced movement, her relaxed thumb position had altered and in certain cases her grip strength was weaker. These symptoms showed that the lady had suffered some nerve damage during her carpal tunnel surgery which she was never told could be a possibility, had she been told this, she would not have gone ahead with the surgery and would have taken more time to assess any other options. Not only had the lady sustained nerve damage, but she also had scarring due to the surgery as well.
In this case, informed consent was not taken meaning that although the lady gave her consent by signing the consent form for the operation to go ahead, she hadn’t been properly informed of the possible consequences of undergoing the surgery.
The lady in this case took her problem to a personal injury claims solicitor who then filed a medical negligence claim against the Kent and Sussex Hospital on her behalf and they secured an early settlement amount out of court for an undisclosed sum plus the costs of the legal fees.
If you have been misinformed of the risks associated with carpal tunnel surgery and have sustained an unexpected injury as a result, contact Legal Expert today so that we can help you to claim compensation for carpal tunnel surgery.
When making a carpal tunnel surgery compensation claim, there are a number of things that you should include:
- General Damages – These will cover the costs of the physical and mental aspects of the injury and the amount awarded will be reflective of the its severity and the amount of pain and suffering you have endured. Any long term problems associated with the injury will also be taken into account.
- Medical Expenses – Any medical costs incurred that are of a direct result of the injury can be claimed for, these may include medical care costs, prescription fees, counselling costs etc.
- Travel Expenses – Any extra travel costs that are as a direct consequence of the injury can be included. This also includes any vehicle adaptions that have had to be made to accommodate the changes in physical capability due to the injury sustained.
- Care Claim – If you have needed extra help and care in the home, then the person caring for you can file a care claim to cover any expenses such as lost wages etc, that they may have incurred due to looking after you.
- Loss of Earnings / Benefits – Any wages lost or financial work benefits lost as a direct result of the injury can be included in your claim.
Any reputable personal injury claims firm should make sure that everything that could be included in the claim is included to help ensure you gain the maximum award amount possible and so that you get the compensation you deserve.
So the question everyone usually wants to know the answer to is, ‘how much compensation for carpal tunnel surgery might I receive?’ As much as we’d like to give you an answer right now, unfortunately it’s not that straight forward. Each and every case is going to be different in all sorts of ways and so the amount awarded may vary a little or a lot, it really just depends on the individual circumstances. However, with the use of our personal injury claims calculator, and by looking at past cases, we can show the average payout amounts for certain situations when negligent carpel tunnel surgery had taken place.
|Reason for Compensation||Average Award Amount||Comments|
|Scarring||£2,080 - £6,870||A single noticeable scar or several superficial scars on the arms or hands.|
|Pain and suffering||£1,100 - £220,000||The award amount given will depend on how severely the claimant has suffered due to the negligent surgery.|
|Loss of income||£11,000 - £440,000||The amount will depend on the how long the claimanat has been off work and if they will be able to return.|
|Loss of benefits||£5,500 - £500,000||This will depend on the claimants current pay grade.|
|Severe arm injuries||£34,340 - £52,490||Injuries that result in permanent and substantial loss of function.|
|Less severe arm injuries||£16,830 - £34,340||Significant permanent disablement but substantial recovery is expected.|
|Severe Wrist Injury||£21,480 - £34,340||Significant permanent disability but some function remains.|
|Less severe wrist injury||£11,040 - £21,480||Permanent disability with some persistent pain.|
|Wrist injury||Up to £8,970||Damage to wrist but full recovery expected|
|Hand injury||£5,111 - £11,640||Permanent disability where surgery has failed.|
|Serious thumb injury||£11,040 - £14,690||Nerve damage causing thumb to be cold and ultra-sensitive and results in a weakened grip and loss of manual dexterity.|
|Moderate thumb injury||£8,470 - £11,040||Damage to tendons or nerves leaving thumb with less function capability.|
Any personal injury claim must be made within three years of the injury occurring. If you have suffered after negligent carpal tunnel surgery, please contact us at Legal Expert so that we can get the maximum amount of compensation awarded to you.
At Legal Expert we believe that anyone who has suffered due to the negligence of others, deserves a chance to make a compensation claim against those liable, regardless of their current financial situation, and so we offer a no win no fee service, otherwise known as a conditional fee agreement.
It basically is an agreement that sets out what is expected from us and from you as our client. It also will state that no legal costs are required to be met by you if we fail to make a success of your claim. We will only ask for payment if and when your case is successful and you are awarded a compensation amount. However, you would not pay us directly, we take a set percentage of your award amount when the payment has been released.
So as you can see, our no win no fee service provides you with a financially safe option to make a compensation claim as there is no financial gamble for you whatsoever, only the chance to gain the justice you deserve.
It’s as simple as picking up your phone and giving us a call. You will speak to a member of our experienced team who will arrange with you a free consultation where you can ask any questions you may have about making a compensation claim and what is involved. We will also use this opportunity to gather some information from you so that we can assess if you have a legitimate claim. Once we’ve established the details surrounding your case and you are happy for us to continue on your behalf, we will then set to work on gathering evidence and will delve deeper to get further information to support your claim. We may also offer you a free local medical if we feel that it is needed and could be beneficial for your claim.
In the meantime, you can be concentrating on your recovery as we will only contact you for further information or to update you on the progress of your case.
Call us today on 0800 073 8804 for free help and advice about making a carpal tunnel surgery negligence claim and we will do our best to help. We are a team of highly experienced personal injury claims specialists that have a brilliant track record of success.
This leads to the NHS information guide on Carpal Tunnel Syndrome, what it is, causes, treatments etc.
This leads to Bupa medical care’s information guide regarding carpal tunnel syndrome surgery and gives information such as what is involved, how successful, any complications, recovery etc.
This is our guide that will give you further information on how our no win no fee service works.
Another of our guides that explains in more detail the whole medical negligence claims process.