Can you file a lawsuit for back pain caused by an epidural after its been a year? Would it be worth my time to file a lawsuit?

Asked 12 months ago - Boise, ID

When I was 7 months pregnant we were in a roll over accident and I experienced neck and lower back pain but after X-rays they didn't find anything so I just figured the back pain was caused by my pregnancy. I went into labor on my due date (7-20-12) and was given an epidural. After pushing for 3 hours with no progress I had to have a c-section. To this day I experience severe pain at the epidural spot (mid back) to to the point I can't rock my son longer than a couple minutes and nursing him hurts my back so bad. I'm only 21 years old and my son just turned 1and I feel like I can't be there for him 100% because of the pain. Sometimes it's so bad I can't hold him and he doesn't understand why. My son only weighs 24lbs

Attorney answers (5)

  1. David Ian Schoen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Consult with a local personal injury/ medical malpractice attorney

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . A local malpractice lawyer would need to investigate

  3. Eric Brian Swartz

    Contributor Level 11

    1

    Lawyer agrees

    Answered . I disagree with my colleagues. I hate turning away potential claims, but I am a human before I am a lawyer. Put your health first, not your potential claim. See a doctor who can help you with your condition, first, and see a lawyer, second. Do not delay in either as there is a statute of limitations, and it is fast approaching - two years from the cause of your injuries, and you must have filed your claim by then. But, regardless of whether you have a legal claim or not, you have a medical condition that needs treatment. A lawyer cannot help with that. Only a doctor can. Seeking treatment may lend to evidence that supports your claim. Such evidence is necessary to bring a claim; might as well see if you can establish that while you are getting treatment. Consider hiring counsel to help you though getting treatment while your claim is being evaluated. There are a few attorneys out there in Idaho who can do that for you. That way, you get treat,ent, and you can preserve your claim, if you have one. Good luck. Again, do not delay.

  4. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . Sorry to hear about your pain issues. It appears that Idaho’s time limit to file any lawsuit is 2 years, so you should talk with a local medical malpractice attorney ASAP to see if you have a case.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Andrew Daniel Myers

    Contributor Level 20

    2

    Lawyers agree

    Answered . Back up the bus. I am very sorry to hear that you are going through this. But, long before considering a lawsuit, two big steps. First, retain an experienced personal injury attorney. Second, the attorney will have to find a medical expert to determine which symptoms are causally related to what negligence. Do not delay because these things take time. Here's more info: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more

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