Can I sue for horrible back pain due to an Epidural insertion 5 times less than an hour?

Asked almost 2 years ago - Los Angeles, CA

I went into labor October 4, 2011 I requested for an epidural, the anetheologist clearly tried 5 times in total to insert the epidural, Ive had the epidural inserted before wih two previous pregnancy's and it went smoothly. However this experience was horrible, I constantly suffer from back pain, my back numbs up and I feel a hot tingly sensation in all the spots she tried to insert the epidural. Please help me

Attorney answers (5)

  1. Marc Lazarus

    Contributor Level 14


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . First, if you injury was in California, then you have a potential statute of limitations issue, and you need to speak to an attorney immediately to see if your rights can still be preserved.

    If the defendant is a government facility or government doctor (ie county or state), you have a year from the time 6 months from the time of the injury or the time that you knew or reasonably should have known about the injury to file an appropriate claim with the correct governmental entity or you may lose your right to bring an action against that entity.

    If facility and/or physician is a private party, you have 1 year from the time that you know or reasonably should know about the injury to file your action or you will likewise have waived your right to do so.

    You may have a delay in discovery; however, that is a fact you have not provided in your question.

    At this time, you are potentially past the 6 month government deadline and the 1 year private party deadline to protect the statute of limitation, and you need to consult with a medical malpractice attorney immediately to see if there is a basis to bring your action beyond the times allotted.

    Assuming you can protect the statute of limitations, you will need to have a doctor review your medical records to determine if the treating physician fell below the standard of care and caused you the harm you are claiming. This should be done immediately if the right to bring your action is still viable.

    Call an attorney who practices in California who does medical malpractice right away to find out if the statute of limitations has expired or not and, if it has not expired, protect the statute of limitations immediately.

  2. David J. McCormick

    Contributor Level 20


    Lawyers agree


    Answered . Since you have continued to suffer long after the 2011 epidural you need to contact a local malpractice attorney ASAP to discuss your options.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  3. Jeffrey Mark Adams

    Contributor Level 20


    Lawyers agree

    Answered . This will be a very difficult claim to proof and to process; if at all ... Sorry. Speak wit local and qualified medical malpractice litigator asap. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. John Gus Zgourides

    Contributor Level 17


    Lawyer agrees

    Answered . You need to consult with a local personal injury attorney that handles medical malpractice cases. It sounds like a difficult case, but the law varies by state.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  5. Jay Paul Deratany


    Contributor Level 4

    Answered . What you are asking is whether or not there was medical negligence. That depends on certain factors. In most states you must have a doctor will testify that there was a deviation below the accepted standard of care. This would require in most states a doctor to give an affidavit with his opinion

    Although it does seem quite odd that it would take five injections to do an epidural, many physicians may say that this is within the accepted standard of care. This would require a review which any lawyer should be able to provide for you along with the doctor. It also requires an analysis of your damages. I would need to know how badly injured you were how long the injury lasted and whether there is permanency. I hope this answers your question.

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