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How long do I have to sue a doctor for medical malpractice after having an epidural gone wrong in Louisiana, on an army base?

Leesville, LA |
Filed under: Medical malpractice

I gave birth to my fourth child 1 1/2 years ago and immediately I knew that it was being done wrong. I told my husband after 45 mins that there was a "clicking" in my back and he was doing it wrong. My husband went to see what was going on and told me to stay still the needle is in my back. NEVER did the doctor instruct me on what to do or that the needle was in. I have been back several times and had an MRI but no one can tell me why I still have back pain and spasms. It has affected my life and my bonding with my son due to the fact that he was 10 lbs at birth and I couldn't bend to pick him up. When the doctor left he turned and looked at me and said "Your welcome" and then told the nurse he had the papers signed already. WHY?

Attorney Answers 3

Posted

If you were not active duty military yourself, you have two years from the date of the injury to file a Form 95 with the applicable Federal agency. In this case, probably the Department of Defense, but it might be the Department of the Army. Your claim would come under the Federal Tort Claims act, which requires a written notice of claim (the Form 95). Then the agency investigates and if they decline payment you have six months after that to sue. Any good experienced personal injury lawyer should be familiar with this process. It is totally different from State court where most lawyers practice so when you call lawyers ask right up front if they are familiar with FTCA procedures. If they aren't don't volunteer to let them learn by practicing on your case. I would add at the end that I have seen claims of people with persistent back complaints after epidurals and they are hard cases to prove. But given your persistent complaints, it would be worth your while to call some medical malpractice lawyers and do it soon.

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1 lawyer agrees

Posted

Follow the advise of Attorney Brophy.

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Posted

Exactly, follow the advice of the first attorney who posted. It is exactly what you need to do.

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