Back issues from epidural/blood patch during child birth, are we entitled to ask hospital or someone to help pay expenses.

My wife went in for the delivery of our son. She'd had two other non eventful epidurals. This one seems to have gone wrong from the start. She could not feel her legs or abdomen at all. The anesthesiologists said something about a level T3 block and adjusted her medicine. Our son was born healthy but my wife suffered from severe spinal head aches. The doctors then performed a blood patch. During the proc. my wife was shaking as the pain increased in both in her head and back. The next day they suspected she'd developed Meningitis. They performed a lumbar puncture(LP) and although nothing grew in her samples started her on antibiotics. They also performed an LP on my new born son. My wife spent 2 wks in the hospital and still has back pain. Should the hospital or Dr help pay?
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Answers (2)

Jason Eric Kipness

Jason Eric Kipness

Contributor Level 7
To determine if their is malpractice here, you need to get all medical records from the hospital and speak with a Texas medical malpractice attorney.

The medical records will need to be reviewed by a M.D. to determine if malpractice exists.

To prevail on a medical malpractice claim in Texas, the patient must show the treating doctor did not practice medicine with the standard of medical care owed to the patient and this failure caused the patient to be injured and the patient has compensible injuries such as pain, mental anguish, medical bills, future medical care, lost wages, impairment.

For free Texas medical malpratice information, please visit the link below.


Jason
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Lars A. Lundeen

Lars A. Lundeen

Contributor Level 8
I suggest that you may wish to review the Legal Guide I have published on Avvo.com, which deals with medical malpractice and what it is. If you believe that your wife has been a victim of medical malpractice, you should consult with a personal injury attorney in your area. You will need to find a medical expert who can testify to the deviations from the accepted standard of care, which caused specific injuries to your wife. However, post-epidural headaches are not unusual and may be an accepted risk of the procedure. Whether or not this is true can be addressed by a medical expert.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
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