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Can i sue after having a epidural and i still have back pains?

Philadelphia, PA |

When i was in labor i got a epidural for my pain. It was complications with the injection causing me to get injected six times. Now after two weeks i still have back pains and spasims. Because of the pain i cant pick up my one year old perform sex as normal and i also need help getting out of the bed to tend to my child that was just born.

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Attorney answers 3


I am licensed in Nevada but this Answer should apply in Pennsylvania as well.

In order to have a case for medical malpractice you must show that the doctor performed his treatment below the standard of care and that the substandard care led to your damages (injuries, additional treatment, pain and suffering, etc.)

You will need to find an expert to testify that the treating physician acted below the standard of care and that you were injured as a result of the substandard care. Also, it appears that the Statute of limitations (the maximum time you can wait before filing a lawsuit) for medical malpractice cases in Pennsylvania is two years.

I suggest you talk to your current physicians (the O.B. and/or your primary care doctor) to find out what the problem is and how to resolve it. You should also seek the advice of an attorney who can help determine if you have a suit you cna win.

Hope this helps.

/s Donald Kudler


I'm sorry you're having a hard time, Philadelphia.

The circumstances you describe suggest the possibility that you have a claim for malpractice. However, noone can answer question specifically without a thorough review of the available records which includes a review by an independent qualified physician.

The lawyers in your area who do medical malpractice work should be able to collect your records and obtain the necessary independent review to determine whether your case is one worth pursuing.


Without more facts from you it is difficult to provide you with meaningful information. You haven't described the specific cause of your continued pain. You believe the pain has resulted from the epidural. Back pain can result from labor. You should see your PCP if the pain persists with bed rest and antiinflamatory meds. You have to know the specific nature of the condition causing the pain for anyone to determine whether your problem could a d should have been avoided by those caring for you.

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