Cyst Removal Results In Permanent Nerve Damage Explains Tom Robenalt, Cleveland Medical Malpractice Lawyer
Cleveland, OH (Law Firm Newswire) November 13, 2013 – The plaintiff in this medical negligence case attended a local medical clinic to have a lump on his neck removed. He ended up with a severed spinal accessory nerve that weakened his left shoulder and arm.
“A 29-year-old man went to a local medical clinic to see about a lump on the side of his neck. The doctor advised him that it was a cyst or boil and that a boil could be drained and a cyst removed in the doctor’s office. The plaintiff had the cyst removed in-house at the doctor’s office in 2009,” outlined Tom Robenalt, a medical negligence lawyer with the Cleveland, Ohio law firm of Mellino Robenalt, LLC. A few days after the in-house operation, the plaintiff began to notice that his left arm and shoulder were very weak. He could not pick things up with his left arm and only had a 90-degree range of motion.
At trial, two expert medical witnesses for the plaintiff, a neurosurgeon and orthopedic surgeon, explained that the man’s weak left shoulder and arm was the result of the spinal accessory nerve being cut. “The spinal accessory nerve is a major motorway nerve that branches off the cervical spinal cord,” added Robenalt. “Because the nerve was severed, it could not be repaired and thus the damage done to the plaintiff was life-altering and permanent.” Since the plaintiff was a licensed plumber, master electrician and certified steamfitter, the nature of his injuries would keep him from ever being able to fully function on the job and complete some tasks that he once could accomplish, without help from another person.
The defense in this case stated the situation was a deviation from the norm, in that the plaintiff’s nerve was not hidden under muscle, as is usually the case, and that the physician who performed the cyst removal had no way of knowing that. Both expert medical witnesses pointed out that the nerve was located where it was supposed to be and that the doctor had cut too deeply.
“The jury concluded the standard of care the man received was below commonly accepted standards and awarded him $4 million,” Robenalt said. “If you believe you have been a victim of medical malpractice, call our office. We can advise you of your legal rights and what to expect should you file suit.”