Can i sue for emotional distress for a possible epidural overdose.

Asked almost 2 years ago - Marlton, NJ

No test run and everything shot in at one time instead of over 3-5 min time frame. I immediately experienced numbness from from my head to toes metal taste in my mouth and in and out of conscious . This went on for 1 1/2 - 2 hours. I would wake up and could not move or talk and was screaming in my own head for someone to help. It was like waking , thinking your dying over and over again. I was shot up with naxlone and other drugs to counter act the epidrual and pump was shut off. Blood pressure bottomed out 80/ 40 nurse, docs rushing yelling to do left tilt. This has caused me to be in therapy (7 mths) and deal with fear of having a baby knowing I could not go without an epidural since I did try to do that and yjis happened. Note : Doc said sorry hopefully the next doc has more sleep

Additional information

I was his last patient and it just seemed like everything was rushed. My child was was born healthly and I'm very thankful, but I'm left with this image and recurring thoughts that consume me. I just think this could of been avoided if he wasnt so tired. Other things took place but I dont know just going off what my husband has told and what I was feeling when I was coherent. I did sign the epidural but NO where did it say I would be numb from head down and trapped in my own body unable to speak. Worse thing I ever went through and with that being said I will never want to have a baby again in fear this will happen again and kill me, if indeed he did overdose me and reviewing all the information and doing research this is exactly what he did. I did notice in my medical records my weight is doubled instead of it saying 100 lbs it says 100kg. There is other stuff but Im no medical doctor so I'm unaware of what things mean. He did stay till I was stable ,1 1/2 hours.

Attorney answers (5)

  1. Robert Don Fink

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    Answered . Sorry this happened to you. The answer to your question is that it depends… mental anguish can be an element of damages. It sounds like you did in fact suffer a personal injury as well (temporary). The question is if the doctor violated the standard of care when providing the epidural. Overfilling the epidural space is a known risk of the procedure (which presumably you consented to). Whether or not he should have caught it sooner and to what extent he overfilled the space are key questions which can only be answered by a local lawyer after he/she has reviewed your records and performed an investigation. There is also the question of damages…. Your case may be worth enough to justify it… it may not. Again, seek a local lawyer to assist.

  2. Christian K. Lassen II

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    Answered . The only way you would know if there was malpractice is to have a local lawyer order the medical records and send to an expert to review to ascertain whether there was a breach of the standard of care.

    As you may or may not know, med mal cases are extremely costly, and without a serious injury, the costs could exceed the recovery. In order to entice a lawyer to take this case, you may need to offer to pay for the medical records and the expert report.

    The answer does not create an attorney-client relationship and is for informational purposes only.

    Lassen Law Firm
    1515 Market St #1510
    Philadelphia, PA 19102
    215-510-6755
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    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  3. Michael A Ferrara Jr

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    Answered . Sorry to learn what happened to you. We are nearby in Cherry Hill and will have our nurse speak with you and have a doctor review your claim at no charge to you. Please call our office on Monday at 856.779.9500.

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
  4. James Lee Fant

    Contributor Level 8

    Answered . I agree with my colleagues and recommend that you consult with an experienced New Jersey personal injury/medical malpractice attorney.

  5. Marc Edward Stewart

    Contributor Level 16

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    Answered . Emotional distress alone is not usually enough of a damage model to justify the massive expense of malpractice litigation. However, you mentioned you were in rehab for 7 months. Not enough info here but it is possible you incurred a great deal of medical charges as a result of the epidural issue. You might want to consult with a local New Jersey lawyer with experience in med mal. Have him/her obtain the records and see if an error was made. Also, the local lawyer can inform you regarding the NJ statute of limitations.

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