Phrenic Nerve Injury and Medical Malpractice: What You Need to Know
At Lupetin & Unatin, we are proud to serve the people of Pittsburgh and surrounding communities as a trusted law firm dedicated to representing victims of medical malpractice. With decades of experience handling complex medical cases, we have helped many individuals and families recover compensation after catastrophic injuries — including rare but serious conditions like phrenic nerve injury. When a preventable error leads to long-term disability or death, our mission is to hold healthcare providers accountable and secure justice for our clients.
In this article, we explain what the phrenic nerve is, how it can be injured, when such an injury might be considered malpractice, and what to do if you suspect medical negligence played a role in this kind of harm.
What Is the Phrenic Nerve and What Is Its Function?
The phrenic nerve is a critical nerve in the body that controls the diaphragm, the primary muscle used for breathing.
- You have two phrenic nerves — one on each side of the body — and they run from the neck (C3-C5 spinal nerves) down through the chest to the diaphragm.
- The main function of the phrenic nerve is to send signals from the brain to the diaphragm, telling it when to contract and relax. This movement is what allows us to inhale and exhale.
Without proper function of the phrenic nerve, the diaphragm may not work correctly, leading to breathing problems or even respiratory failure in severe cases.
What Can Cause the Phrenic Nerve to Be Damaged — and How Common Are These Injuries?
Phrenic nerve injuries are relatively rare, but when they do occur, the results can be life-altering.
Causes of phrenic nerve damage may include:
- Surgical errors, especially during:
- Neck surgeries (e.g., cervical spine or thyroid surgery)
- Cardiac surgeries (e.g., bypass or valve repair)
- Lung surgeries or chest trauma
- Improper placement of central lines or catheters near the neck or chest
- Birth trauma, especially in difficult deliveries or with the use of forceps
- Trauma to the neck or chest, including accidents or medical interventions
- Infections, tumors, or autoimmune diseases affecting the nerve
Although phrenic nerve injuries are not among the most common nerve injuries, they can occur more frequently in high-risk surgeries or when medical professionals fail to take proper precautions.
When Is a Phrenic Nerve Injury Considered Medical Malpractice?
Not all phrenic nerve injuries are the result of medical malpractice. However, such an injury may be considered malpractice when it occurs because of a preventable error or failure to follow accepted standards of care.
Some examples include:
- A surgeon mistakenly cutting or compressing the phrenic nerve during a routine procedure
- A doctor failing to recognize and respond to signs of nerve damage during or after surgery
- Improper or unsafe placement of medical devices that injure the nerve
- In the case of childbirth, excessive force or improper delivery techniques that result in phrenic nerve damage to the infant
If a phrenic nerve injury could have been avoided with proper care, and it leads to serious harm, the responsible healthcare provider may be held legally accountable.
What Are the Long-Term Effects of a Phrenic Nerve Injury?
The long-term effects can vary based on whether one or both phrenic nerves are affected and the extent of the damage.
Potential long-term complications include:
- Difficulty breathing, especially when lying down or during physical activity
- Chronic shortness of breath or fatigue
- Diaphragmatic paralysis on one or both sides
- Dependence on mechanical ventilation
- Respiratory infections or complications
- Reduced ability to work or perform daily tasks
Children or infants with phrenic nerve injuries at birth may experience delayed development or require lifelong respiratory support.
Can the Phrenic Nerve Heal or Be Repaired?
Whether the phrenic nerve can recover depends on the type and severity of the injury.
- In some cases, partial damage may heal over time, especially with physical therapy and respiratory support.
- If the nerve is completely severed, spontaneous healing is unlikely.
- Surgical options like phrenic nerve grafting or diaphragm pacing may help improve function, but these are complex and not always successful.
Because full recovery is often uncertain, early diagnosis and intervention are critical. A physician may be negligent if they delay diagnosis of phrenic nerve injury in a patient with the history, signs or symptoms suggesting such injury, and destroy any possibility that nerve function will recover.
Medical Malpractice Cases Involving Phrenic Nerve Damage
Several malpractice lawsuits have involved phrenic nerve injuries caused by surgical or medical errors. Here are a few examples:
- In Michigan, a $3.9 million settlement was reached after a newborn suffered a phrenic nerve and brachial plexus injury due to excessive force during delivery. The child required a ventilator and feeding tube for years. [Source: Michigan Lawyers Weekly, 2021]
- A Pennsylvania jury awarded $5.1 million to a woman whose phrenic nerve was damaged during cardiac surgery, leading to permanent diaphragmatic paralysis and respiratory distress. The surgical team failed to take necessary precautions despite clear risk factors. [Source: The Legal Intelligencer, 2018]
- In Illinois, a $2.2 million verdict was issued after a surgeon mistakenly cut the phrenic nerve during lung surgery, resulting in lifelong breathing issues and limited mobility. [Source: Cook County Jury Verdict Reporter, 2017]
These cases highlight the serious consequences of phrenic nerve injuries caused by medical negligence. And, these cases show why compensation is critical to help maintain basic functions of life for those affected by this preventable injury.
What Should You Do If You Suspect Medical Malpractice?
If you or a loved one has suffered a phrenic nerve injury and you believe it may have been caused by a medical mistake, take the following steps:
- Request copies of your medical records as soon as possible.
- Document your symptoms and treatments, including any changes in breathing or mobility.
- Seek a second medical opinion, especially from a specialist in nerve or respiratory issues.
- Contact a qualified medical malpractice attorney who can review your case and determine whether you may have grounds for a lawsuit.
How Can Lupetin & Unatin Help?
At Lupetin & Unatin, our medical malpractice attorneys have the knowledge, resources, and compassion needed to guide you through every step of a complex medical malpractice claim. When it comes to phrenic nerve injuries, we work with leading medical experts to determine what went wrong, whether it was preventable, and how it has affected your life.
If we believe your injury was caused by negligence, we will:
- Conduct a thorough investigation into your care
- Consult with board-certified medical experts in specialties like surgery and neurology
- Fight to recover compensation for your medical bills, lost income, pain and suffering, and future care needs
We understand the devastating impact a phrenic nerve injury can have — and we are here to help.
Contact us today if you believe a medical error caused a phrenic nerve injury to you or someone you love. Call (412) 281-4100 or email us to schedule a free consultation. Let our experience be your strength.