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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

Leesville, LA |

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.

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

Posted

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.

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Posted

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. So not only do I have this claim but now I have a HIPPA violation against this military hospital and now I receive a letter that I have 6 months to file with the US District Court and if I don't comply with that time limit it will forever bar me from further suit. I have permanent damage to my back and I am beyond frustrated that I can't get a single attorney to help me. What are my options and we do I find the help that I need.

Posted

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 accept a retainer, and we explictly agree to enter into representation.

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Asker

Posted

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. So not only do I have this claim but now I have a HIPPA violation against this military hospital and now I receive a letter that I have 6 months to file with the US District Court and if I don't comply with that time limit it will forever bar me from further suit. I have permanent damage to my back and I am beyond frustrated that I can't get a single attorney to help me. What are my options and we do I find the help that I need.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

There is no HIPPA, but it does not seem like a HIPAA violation, but rather properly related to the investigation you requested. If you have contacted several attorneys and they think you do not have a viable claim, perhaps you do not. You can still use AVVO search to find more. I doubt you have contacted "all" attorneys.

Asker

Posted

You are correct it is HIPAA. I do have an investigation at this time. I do not know what a viable claim is but I do know that I have back problems which I didn't have before that epidural. To state that a claim was denied because of my weight and because of gestational diabetes that I had with my now nine year old seems preposterous to me. Seems like they are reaching and that seems to be exceptable.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

They may be reaching, and they may have failed to meet the standard of care. A proof of causality would be necessary. You could begin with a consult with a physician, and then take that result to an attorney. That might be enough to convince an attorney that there is a viable claim.

Asker

Posted

Thank you so much for the information. I will have my new Dr. schedule me a new MRI.

Posted

Get a second opinion from another doctor.

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Posted

Thank you for the information. We have just moved from LA to VA and I will be sure to ask my new DR. to schedule a new MRI for me. I have been given a referral to go to physical therapy and I will see what they tell me as well.

Posted

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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