Can I Sue for Nerve Damage After Giving Blood?
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Can I Sue for Nerve Damage After Giving Blood?
Donating blood can be a noble and generous act. Some people decide to look away to distract themselves, while others bravely look right at the needle as they give blood. In most instances, this simple medical procedure is quick and painless.
It is very rare for patients to experience serious injuries as a result of giving blood. A wrongful death following this procedure is almost unheard of. However, it is possible for patients to suffer nerve damage if the procedure is not done properly. If the technician incorrectly draws your blood, you may experience nerve damage.
When this happens, you may wonder, “Can I sue for nerve damage after giving blood?” If you have been harmed from having blood drawn, reach out to a skilled legal representative.
The knowledgeable attorneys at Morgan & Morgan will help you answer the question: “Can I sue for nerve damage after giving blood?” Your ability to file a legal claim will depend on the specific circumstances of your case.
Our compassionate legal team knows that all victims deserve justice. Because of this, we will provide you with a case evaluation at no cost. To schedule a free legal consultation, complete the simple contact form on our firm’s website.
How Does Nerve Damage Occur From Giving Blood?
Technicians who are trained to draw blood are known as phlebotomists. Typically, it takes between six months and a year to become trained as a certified phlebotomist. The length of the required instruction varies by state.
Drawing blood is a fairly simple medical procedure. Because of this, the necessary training is relatively brief. However, it is still important for phlebotomists to be properly taught. These specialists are required to follow certain steps to provide patients with a reasonable standard of care.
There are several important rules and guidelines that trained phlebotomists should follow. The most basic is that they are required to wear gloves. They must maintain a hygienic environment to keep the patient safe.
Additionally, they should draw blood from the median cubital vein, if possible. This vein is not as close to the nerves and arteries in the patient’s arm. If the median cubital vein is not an option, technicians should draw from the lateral cephalic vein. When this vein cannot be used, they should attempt to draw blood from the basilic vein.
Phlebotomists are trained to insert the needle into the arm of the patient cleanly. They should not move the needle once it is inserted. It is also important for the technician to avoid puncturing both sides of the vein. If the patient experiences significant pain, the technician should remove the needle.
Finally, if the phlebotomist is unable to find a vein after two attempts, they should contact a supervisor for assistance. The technician should never probe the person’s arm in search of a vein.
When a phlebotomist is not adequately trained or acts in a careless manner, they can cause the patient harm. Inserting or moving the needle unsafely can cause nerve damage in the person’s arm.
There are several delicate nerves in the human arm. These nerves are close to the veins that are used for drawing blood. For this reason, phlebotomists must be very careful when inserting the needle. When a heedless phlebotomist pokes a patient’s nerve, the person typically feels shooting or intense pain.
Some of the other symptoms from a damaged nerve include:
- Consistent tingling sensations
- Burning
- Weakness in the affected muscles
In minor cases, these symptoms may resolve without treatment. However, nerve damage can also result in lifelong problems. Sometimes, nerve damage will even require the victim to undergo surgery.
If you have experienced this problem, you may wonder, “Can I sue for nerve damage after giving blood?” You should consult with a skilled legal specialist about the details of your nerve damage case.
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How can I Prove Negligence in a Nerve Damage Claim?
When you have been harmed after giving blood, you may be owed financial compensation from the at-fault party. Speaking with one of the attorneys at Morgan & Morgan will give you the best chance of recovering maximum compensation.
In order to file a successful claim, you will need to prove that the phlebotomist behaved in a negligent manner. The legal concept of “negligence” involves the following four distinct factors.
Duty of Care
Proving negligence in a personal injury case involves showing that the at-fault party owed the plaintiff a “duty of care.” Phlebotomists, like other medical professionals, are required to provide their patients with an adequate standard of care.
A professional technician should follow all of the relevant safety and hygiene best practices. Patients should be able to trust that they will receive a professional quality of care when they agree to donate blood.
When a person is injured because of a negligent blood technician, they may wonder, “Can I sue for nerve damage after giving blood?” A tort attorney can review the facts of a blood donation injury case to determine whether the victim can file a valid claim.
Breach of Duty
Negligence claims require the plaintiff to provide evidence that the defendant breached their duty of care. In a blood donation injury case, this typically involves showing that the technician did not provide care of adequate quality.
For instance, breaches of duty in these cases may take the following forms:
- The phlebotomist inserts a needle into the nerve
- The phlebotomist moves the needle once it is inserted
- The phlebotomist leaves a tourniquet on the patient too long
- The phlebotomist ignores the patient’s complaint of pain
Whenever a technician fails to provide a professional standard of care, they have breached their duty to the patient. A legal professional can assess your personal injury case and help you determine whether your technician breached their duty of care.
Causation
The legal concept of negligence also involves proving “causation.” In other words, the technician’s breach of duty must be the direct or proximate cause of the damages that the victim sustained.
For instance, suppose that you gave blood and became ill the next day with the flu. Because the flu was not caused by the medical procedure, you could not pursue financial compensation for any resulting damages.
Actual Harm
If the incident in question did not cause you any measurable or actual harm, you will not have a valid legal claim. When you are wondering, “Can I sue for nerve damage after giving blood?” consider if the nerve damage was the result of the medical procedure.
Proving negligence in a tort case requires providing evidence that the other party’s actions caused you actual harm. The value of your case will depend on the type and extent of the harm that you experienced.
Which Are the Types of Damages in Personal Injury Claims?
If you have been harmed because someone drew blood in a negligent way, you may be owed significant financial compensation.
Calculating the value of a personal injury claim is a very complex process. It requires adequate legal knowledge to determine all of the types of compensation that victims are due. Like most tort claims, blood donation injury cases often result in two types of financial compensation for victims.
The term for these legal payments is “damages.” Personal injury victims are often owed both “economic” and “non-economic” damages.
Understanding Economic Damages
This type of monetary compensation is meant to make the injured person financially whole. Personal injuries do not only cause mental, physical, and emotional difficulties.
Usually, victims face mounting financial costs and expenses. If you have sustained nerve damage from giving blood, you have the legal right to pursue damages for the related financial losses.
Some of the most common examples of this type of compensation are:
- Current and past medical bills
- Expected future medical costs and expenses
- Related property damage
- Lost income and wages from missed work
- Decreased ability to earn income long-term
Your legal representative will use any bills, invoices, receipts, and other documents to determine appropriate economic damages in your case.
Understanding Non-Economic Damages
Some of the most challenging outcomes from a nerve damage injury are not monetary in nature. Nerve damage can result in serious physical, mental, and emotional harm to the victim.
Payments that are meant to compensate the person for these types of harm are known as non-economic damages. Typical examples include payments to compensate for:
- Physical suffering and pain
- Emotional trauma and distress
- Depression, anxiety, and panic attacks
- Post-traumatic stress disorder
If your nerve damage prevents you from engaging in activities that you used to enjoy, you can pursue compensation for those losses.
It is very difficult to accurately calculate the value of non-economic damages in a personal injury case. Because of this, you should speak with a seasoned tort lawyer if you have sustained nerve damage after giving blood. The team at Morgan & Morgan will happily review the facts of your blood donation case and help you determine the best path forward.
How Can I Afford a Personal Injury Attorney With the Firm of Morgan & Morgan?
Oftentimes, injury victims do not seek legal representation because they are concerned about the associated costs. At our firm, we believe that victims deserve justice, regardless of their financial status.
Fortunately, Morgan & Morgan operates using a contingency fee approach. When you hire one of our lawyers, we will agree to a certain percentage of the winnings from your case.
Unless our attorneys successfully settle or win your claim, you will pay nothing. We are so confident that we can recover the money you deserve, we do not get paid unless you do.Morgan & Morgan Offers Premier Legal Services
When you have sustained nerve damage because of another person’s negligent behavior, do not hesitate. It is vital to hold careless medical technicians accountable for the harm that they cause.
Since our founding in 1988, the legal professionals at Morgan & Morgan have won and settled more than a million cases. Our compassionate specialists will work diligently to secure a positive outcome in your personal injury claim.We know that injury victims face serious financial challenges. Because of this, we offer new clients a free legal consultation. Fill out the contact form on the Morgan & Morgan website to schedule a no-cost case evaluation today.