Phrenic nerve damage after surgery: when can I make a claim?

Published - 09/08/2023

The phrenic nerve has a critical role in the respiratory system because it is the only nerve that provides movement function to the diaphragm. It is this movement that allows the lungs to inhale and exhale. When damage occurs, it leads to shortness of breath which, in severe cases, may be fatal.

In this guide, we highlight the causes of phrenic nerve damage, symptoms and how to make a successful claim for medical negligence.

What is the phrenic nerve, and how is it commonly damaged?

The phrenic nerve is a pair of nerves that provides motor supply to the diaphragm and receives sensory information from it. As the diaphragm is the primary muscle in the respiration system, it makes both left and right phrenic nerve vital for breathing and keeping the airway clear.

The nerve travels from the neck, down to the chest and passes between the heart and lungs and into the diaphragm. Phrenic nerve injury can occur in the left, right or on both phrenic nerves. The following are the common causes of phrenic nerve dysfunction:

• Physical trauma
• Surgical complications
• Spinal cord injury
• Birth defects or trauma during delivery
• Spine tumours, metastatic cancers and lung cancer
• Radiation therapy Immunological and neurological diseases

In some cases, these issues can be caused by medical negligence.

What are the common symptoms of phrenic nerve damage

When phrenic nerve damage is on one side, or the injury is mild, symptoms are non-existent. The age of a person and any underlying medical conditions are factors that affect symptoms of a phrenic injury. If the trauma is great, or both nerves have injuries, there could be loss of breathing requiring urgent medical care. Other phrenic nerve dysfunction symptoms are:

• Recurrent pneumonia
• Weak cries in an infant
• Blue lips and fingers
• Fatigue
• Pain
• Strained breathing
• Insomnia
• Exercise intolerance

If you would like to discuss your phrenic nerve damage with a medical negligence solicitor to see if you have a case, please visit us here to see how we can help you.

What short-term and long-term effects can phrenic nerve damage have?

Phrenic nerve damage can lead to diaphragm paralysis, or phrenic nerve palsy, affecting the lungs' ability to exchange air. A paralysed diaphragm requires mechanical ventilators or pacemakers to work normally, as the nerves do not regenerate. An irritated phrenic nerve causes persistent hiccups that may take months if untreated. Treatment for such hiccups includes oral medications and a phrenicotomy.

In unilateral phrenic nerve injury, patients may have dyspnea during exertion, and patients with bilateral diaphragmatic paralysis have chronic shortness of breath, fatigue and sleep difficulty. This phrenic nerve paralysis leads to poor quality of life due to chronic fatigue. Patients cannot enjoy certain activities because of inherent difficulty with simple breathing.

How can I tell that medical negligence has occurred

During heart or abdominal surgery, the phrenic nerve may be injured due to the nerve's location. You may notice medical negligence if you have undergone a cardiothoracic surgery and start noticing symptoms like laboured breathing, arm weakness and unexplained shoulder pain. To obtain further information on the injury, specialists undertake diagnoses like a physical exam, X-ray, fluoroscopy, ultrasound and electromyography.

If you believe that medical negligence has occurred, do not hesitate to get in touch with an experienced medical negligence solicitor today.

How can I make a successful medical negligence claim

A medical negligence claim is complex, and thus, you need to get appropriate advice from qualified and experienced solicitors like Wake Smith.

You can make a successful medical negligence claim if you have suffered due to medical personnel's negligence or treatment. The first step is to contact us and give us all the details about a phrenic nerve injury from a negligent act by a medical professional. We will advise you on how to make a claim to the hospital to know what went wrong and who is liable. Our qualified medical experts will work with you to obtain the necessary records from the hospital and compile the records into a report. During the court proceedings, our solicitors will do everything possible to ensure the claim is successful.

How Wake Smith can help

Our highly experienced medical negligence lawyers will help you navigate the process to obtain compensation. We will help you determine who owes you a medical duty of care, and whether it is an institution or an individual. Our qualified personnel will establish causation by establishing that their negligence is responsible for your phrenic nerve injury.

You have three years from the date of the incident to make a claim, which we can assist with. However, if damage or injury becomes apparent at a later date, the three years are from the time the paralysis starts to manifest.

It is vital to seek counsel from our specialist medical and clinical negligence solicitor. We offer a free initial consultation and will advise you on the steps you need to make an offer of financial assistance.

Get in touch with us for expert legal advice and to help you throughout the claim process.

Common Queries

Is phrenic nerve damage permanent?

No, phrenic nerve damage is not permanent. The phrenic nerve is a peripheral nerve in the body that allows treatment. The treatment varies depending on the cause and severity of the damage. Some unilateral injuries do not require any medical intervention. Together with nonsurgical therapy and diaphragm plication, techniques to reverse diaphragm paralysis like phrenic nerve reconstruction are being utilized.

How likely are my chances of winning my medical negligence claim?

As a consequence of treatment, patients may suffer from diaphragmatic paralysis. Though medical negligence claims are a complicated type of personal injury claim, at Wake Smith solicitors, your chances of winning a medical negligence claim are high. We will help you establish liability and causation and ensure that we file a claim within the legal statutory time limit for medical negligence.

How common is a paralysed diaphragm?

A paralysed diaphragm is a rare condition for any patient. Few studies show that diaphragmatic paralysis occurs more often in males and about 3% of abdominal injuries involve the diaphragm. However, there are health conditions that elevate a person's risk, including:

• Neurological diseases like Guillain-Barre syndrome
• Neuropathic disease like thyroid disease
• Cardiac arrhythmias
• Spinal cord disorders

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