Can Medical Negligence Cause Facial Nerve Damage? A Legal Overview

Medical negligence can result in significant harm, potentially leading to irreversible consequences for patients. One particularly serious outcome is facial nerve damage, which may cause paralysis, loss of sensation, and long-term functional or emotional distress. If you or a loved one has experienced facial nerve damage due to medical negligence, Lopez McHugh LLP can provide legal guidance. Our team can help you understand the basis of a legal claim, explore potential compensation options, and outline the necessary steps to take if you suspect medical malpractice.

Understanding the Facial Nerve

The facial nerve is a complex cranial nerve that controls several essential functions, including:

• Facial expressions such as smiling and frowning
• Movement of the eyebrows
• Opening and closing of the eyelids
• Sense of taste
• Regulation of saliva production
• Tear production
• Control of the earlobe muscles

Due to its intricate path through the skull and multiple branching points, the facial nerve is highly susceptible to injury during various medical procedures. Damage to this nerve can lead to facial paralysis, weakness, numbness, pain, or involuntary muscle movements. The severity of the injury depends on its type and extent, with effects that may be temporary or permanent.

Common Causes of Facial Nerve Damage

Facial nerve damage can occur due to various medical procedures, including:

Surgical Errors

Mistakes during surgeries involving the head, neck, or face can unintentionally sever, compress, or injure the facial nerve. Common procedures associated with this risk include:

• Ear surgeries: Procedures such as tympanoplasty, cochlear implants, and mastoidectomy may pose a risk if the surgeon misidentifies or accidentally damages the nerve.
• Dental and maxillofacial surgeries: Wisdom tooth extractions, jaw surgeries, and cosmetic procedures involving the mouth or face can result in nerve damage if not performed with precision.
• Plastic or reconstructive surgeries: Facelifts, rhinoplasties, and other elective procedures may lead to facial nerve injury if proper surgical techniques and precautions are not followed.

Birth Injuries

The use of forceps or vacuum extraction during childbirth can exert excessive pressure on an infant’s facial nerve, potentially causing facial paralysis. These birth-related injuries may have long-term effects on a child’s growth and overall well-being.

Tumor Removal

Tumors located near the facial nerve can exert pressure or directly invade the nerve, leading to damage. Surgical removal of these tumors requires extreme precision to minimize the risk of nerve impairment.

Anesthesia Errors

Improper administration of local anesthesia, particularly during dental procedures, can directly injure the facial nerve, resulting in prolonged or permanent facial weakness. Additionally, errors in general anesthesia management may contribute to complications that affect nerve function.

Trauma During Medical Treatment

Failure to properly manage head injuries or diagnose fractures near the facial nerve can lead to further nerve damage, increasing the risk of long-term complications.

Failure to Diagnose and Treat Infections

Medical professionals must promptly identify and treat conditions such as Bell’s palsy, meningitis, and Ramsay Hunt syndrome to prevent nerve damage. Delayed or incorrect treatment can result in irreversible facial nerve dysfunction. Establishing a Link Between Medical Negligence and Facial Nerve Damage

Medical negligence occurs when a healthcare provider fails to exercise the level of skill and care that a competent professional in the same field would provide under similar circumstances. When this failure directly causes harm or worsens a patient’s condition, it may be grounds for a medical malpractice claim.

To demonstrate that a healthcare provider acted negligently, you must establish the following:

• A doctor-patient relationship existed: This confirms that the provider had a duty of care.
• The healthcare provider breached their duty: The provider’s actions fell below the accepted standard of care that a reasonably competent professional in the same specialty would have upheld in a similar situation.
• The breach directly caused facial nerve damage: The injury would not have occurred if the provider had followed appropriate medical standards.
• The injury resulted in measurable damages: These damages may include physical pain, emotional distress, medical expenses (past and future), lost wages, and rehabilitation costs.

Types of Facial Nerve Damage and Their Consequences

Facial nerve damage can vary in severity, impacting a person’s physical and emotional well-being. Bell’s palsy, often mistaken for medical negligence, is typically caused by a viral infection. While its symptoms may resemble nerve damage from surgical errors, Bell’s palsy usually resolves over time, making it essential to distinguish it from surgically induced nerve damage.

Unlike Bell’s palsy, other forms of facial nerve damage may be permanent. For example:

• Nerve transection: A complete severing of the nerve, often leading to irreversible facial paralysis.
• Nerve compression: This may be reversible if the pressure is relieved in time.
• Overstretched nerves: While some cases improve with treatment, overstretching can cause permanent weakness or paralysis.

Facial nerve damage can significantly affect a person’s quality of life, leading to facial asymmetry, difficulty closing the eyes, drooping, and changes in facial expressions. Additionally, patients may experience speech, chewing, and swallowing difficulties, along with impaired eye and taste function. Emotional distress, including self-consciousness and depression, is also common.

Expert Testimony Requirement

Pennsylvania courts require medical malpractice claims to be supported by a certificate of merit—a sworn statement from a qualified medical expert confirming that the provider deviated from the standard of care. This expert testimony is essential in proving negligence.

Potential Compensation for Facial Nerve Damage Due to Medical Negligence

Victims of facial nerve damage caused by medical negligence may be entitled to financial compensation, which can include:

• Medical expenses: Covers past and future costs of treatment, including corrective surgeries, therapy, and rehabilitation.
• Lost wages and reduced earning capacity: Compensates for lost income and the impact on career opportunities.
• Pain and suffering: Accounts for physical pain, emotional distress, and diminished quality of life.
• Compensation for disfigurement or permanent disability: Addresses the long-term physical and psychological effects of facial nerve damage.
• Loss of consortium: Provides compensation if the injury affects relationships with a spouse or family members.
• Punitive damages: In cases of reckless or intentional misconduct, the court may award additional damages to penalize the negligent party.

The total amount of compensation depends on the severity of the injury and its overall impact on the victim’s life.

Contact Lopez McHugh LLP Today

Facial nerve damage can have life-altering consequences. If you suspect your injury resulted from medical negligence, contact us today for a free consultation. Our legal team has over 50 years of experience representing victims of medical malpractice and helping them secure the justice and compensation they deserve.