Hi Kat,
IANAL, and that's who you should ultimately consult. Many/most will consult for free to get the facts and determine if they're interested in taking the case on contingency. However, medical malpractice is very difficult to prove.
Quote:
A plaintiff must establish all five elements of the tort of negligence for a successful medical malpractice claim.[4]- A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
- A duty was breached: the provider failed to conform to the relevant standard care.
- The breach caused an injury: The breach of duty was a direct cause and the proximate cause of the injury.
- Deviation from the accepted standard: It must be shown that the practitioner was acting in a manner which was contrary to the generally accepted standard in his/her profession.
- Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease.
http://en.wikipedia.org/wiki/Medical...ts_of_the_case
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Elements 1, 3, & 5 are the easy ones. It's elements 2 & 4 that are difficult to prove
legally, and expert testimony is usually required.
The release you signed may also be a factor. Regardless of what the surgeon told you
verbally, if the release states
in writing that nerve damage was a
possible outcome, that will likely supercede any verbal statements, and serve as disclosure/informed consent.
All that said, I'm just some guy on the internet—you really need to talk to an experienced medical malpractice attorney about this. They are in a better position than anyone here to evaluate your case and any statutes that apply in your state/province.
Sincerely hoping the best for you,
Doc