I recently had outpatient shoulder surgery. Prior to the surgery, the Anesthesiologist convinced me that a nerve block was the way to go, so I agreed and allowed him to do a nerve block on me as part of my anesthesia.

My shoulder surgery seems to have gone well, however the very next day I was experiencing pain and numbness in my thumb and index finger. About a week later, the pain has now climbed up my forearm. Now I have a great deal of pain and discomfort in the thumb, index finger, palm of my hand, and part of my forearm.

I have speak with the anesthesiologist on almost a daily basis regarding this issue. The anesthesiologist came right out and stated that this was his fault and that he must have caused damage to a nerve when he did the nerve block. The anesthesiologist believes that this will go away in time but stated that it could take weeks to correct itself. So now I’m stuck with a great deal of pain and discomfort due to this injured nerve... do I have a strong malpractice suit or any suit at all? Thanks!

You have a mild case, esp if the pain goes away. You may collect a small amount for the short term discomfort. Has he offered to no charge you for his services yet

This is a workers comp related injury, so I have not paid anything out of pocket. So you feel that there might be something there even if the pain goes away... depending on length of time? Ive got a decent case if some of this turns out to be permanent... right?

Worker's Comp goes under a different set of laws.

Were you advised that this was a risk? Did you sign a consent knowing that this was a risK?

Since it is Worker's Comp, you may be able to receive compensation until the situation is resolved.

Did you sign any papers that stated the side effects or risk of the nerve block?