How can I file a lawsuit claim against a military hospital due to back damage from an epidural when no attorney wants to help me

Asked 2 months ago - Leesville, LA

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I had my son at a Military Hospital and it took approximately 35 to 40 minutes to have it administered. I felt a clicking in my back and told my husband that it was being done wrong. This was my 4th epidural. My husband went to the back of me and told me to be still, the needle is in your back. I was given NO instruction as to bend over, arch my back or needle was going in so be still. The anesthesiologist told my husband that I was leaning on my left side. It was completed and the anesthesiologist then went to the nurse and asked if I signed the paperwork. She stated yes and he looked at me and said your welcome and left. The epidural was stopped when i got closer to delivering and as soon as I had my son I got up and it felt like my one leg was longer than the other.

Additional information

I waited to see if the back pain would go away by itself but it didn't so I called and had a MRI done and it just stated normal. My primary care DR. said that didn't seem like a complete assesment just to have normal. I have had many X-Rays done and have been given muscle relaxers and motrin for my pain. My pain is on my left side only and goes down. This is the same side the anesthesiologist stated that I was leaning on. I filed the form for the claim and have had the claims dept. mail me a denial because they said that I was overweight and I had gestational diabetes with a previous pregnancy so that is why I have back pain now. They stated that not 1 but 2 people came to this conclusion. I was stunned. I did not complete the paper to give permission to have my medical records pulled. I was actually waiting for them to subponea me.

Attorney answers (4)

  1.

    Pro

    Philadelphia Medical Malpractice Attorney
    Contributor Level 20

    5

    Lawyers agree

    Answered March 16, 2013 12:55. Get a second opinion from another doctor.

  2. Tarpon Springs Car / Auto Accident Lawyer
    Contributor Level 19

    4

    Lawyers agree

    Answered March 16, 2013 12:07. What are the back damages you want to be compensated for? Are you just claiming the epidural was done wrong? If you have no damages you have no claim.

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

  3. Hillsdale Criminal Defense Attorney
    Contributor Level 20

    3

    Lawyers agree

    Answered March 16, 2013 12:11. Difficult to see that injury that would be the basis for your claim. If attorneys have explained that to you, consider listening. If not, consult an attorney. You can find on via AVVO search, look at the profiles, pick one you like, and call.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more

  4. Pro

    Saint Peters Medical Malpractice Attorney
    Contributor Level 14

    1

    Lawyer agrees

    Answered March 18, 2013 07:02. As many of the others have answered, what problems, if any, were caused by the epidural. If you don't have any permanent problems, most attorneys won't want to pursue your claim. Since you have already gotten a denial on your FTCA claim, your time to file is ticking. Good luck.

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