Can I sue for malpractice after I had an epidural which was incorrectly done? I'm still having severe headaches and back pain.

Asked over 1 year ago - Columbia, SC

I was 38 weeks 6 days going into labor. When the anesthesiologist student attempted to place the needle in my spine she tried about 3 times until she realized she was inserting it in the wrong area removing it causing excess fluid to leak from my spine. The chief anesthesiologist rushed over having a small dispute with her and inserted the needle in 10 seconds. After the anesthesia wore off I stared experiencing severe headaches. I was apologized to about 6 seperate occasions until I was released where I had to take 2 tylox every 4 hours for severe pain. I obtained my operative and discharge reports where its notated that the anesthesiologist caused fluid to leak from my spine causing a spinal headache. they tried to inject blood into my spine until my brain recreates the fluid, I refused.

Attorney answers (6)

  1. Tristan M Shaffer

    Contributor Level 9

    3

    Lawyers agree

    Answered . You probably do have a claim. Although medical malpractice is a very complicated area so you certainly need a lawyer to assist you. I would be happy to meet with you in person for a free consultation.

    As a practical matter, two things are generally needed to sue a doctor for medical malpractice in this state 1) objective signs of negligence where another is doctor is willing to testify that your doctor messed up and 2) damages sufficient where it is worth the great expense of filing a medical malpractice suit. Many people that were likely injured as a result of there doctor's carelessness are unable to recover because they lack one of these two things.

    You should contact an attorney that deals with malpractice cases immediately. I would be happy to speak to you further about this matter at 575-0384.

  2. Tanya Marie Bachand

    Contributor Level 15

    3

    Lawyers agree

    1

    Answered . Yes, you can. Remember that medical malpractice cases are difficult, and bad outcomes do not always equal malpractice. Further, the cost of bringing such cases often times far outstrips any potential recovery. Talk with an experienced medical malpractice lawyer in your area and they can evaluate your case.

    This is general advice and does not establish an attorney-client relationship.
  3. Lionel Stukes Lofton

    Contributor Level 6

    1

    Lawyer agrees

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    Answered . You may have a claim. I would recommend that you meet with a South Carolina medical malpractice attorney immediately so that the proper steps can be taken to have the records reviewed by an expert to determine if either anesthesiologist deviated from the standard of care.

  4. George Costas Andriotis

    Contributor Level 20

    2

    Lawyers agree

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    Answered . Consult a medical malpractice attorney to review your medical records to determine if your doctors breached the standard of care.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  5. Josh P Tolin

    Contributor Level 19

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    Lawyer agrees

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    Answered . The first question is how are you doing now? I know from your question you still have headaches. I have had epidural cases where a 28 year old girl had no sensation in her genital area and had to straight cath herself daily. The patch that they offered you, is proper treatment for the leak. You should have gotten that. While there may be potential liability, it is unclear how long ago this happened based on your question, and whether you have any permanent injury. Even if the student screwed up, because malpractice cases are expensive to pursue, most attorneys need to see some type of permanent injury to justify the huge costs of pursuing these types of claims. The other issue is refusing treatment that could have resolved the problem. If you are still having issues, get treated. that accomplishes two things: 1) documents your injury, and 2) shows you are motivated to do what it takes to get better. You can always discuss with a local malpractice attorney. It would help to know when this happened, and what, if any treatment you are still getting.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . A local malpractice lawyer can order your medical records to investigate.

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