Sorry this happened to you. The answer to your question is that it depends… mental anguish can be an element of damages. It sounds like you did in fact suffer a personal injury as well (temporary). The question is if the doctor violated the standard of care when providing the epidural. Overfilling the epidural space is a known risk of the procedure (which presumably you consented to). Whether or not he should have caught it sooner and to what extent he overfilled the space are key questions which can only be answered by a local lawyer after he/she has reviewed your records and performed an investigation. There is also the question of damages…. Your case may be worth enough to justify it… it may not. Again, seek a local lawyer to assist.
The only way you would know if there was malpractice is to have a local lawyer order the medical records and send to an expert to review to ascertain whether there was a breach of the standard of care.
As you may or may not know, med mal cases are extremely costly, and without a serious injury, the costs could exceed the recovery. In order to entice a lawyer to take this case, you may need to offer to pay for the medical records and the expert report.
The answer does not create an attorney-client relationship and is for informational purposes only.
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Emotional distress alone is not usually enough of a damage model to justify the massive expense of malpractice litigation. However, you mentioned you were in rehab for 7 months. Not enough info here but it is possible you incurred a great deal of medical charges as a result of the epidural issue. You might want to consult with a local New Jersey lawyer with experience in med mal. Have him/her obtain the records and see if an error was made. Also, the local lawyer can inform you regarding the NJ statute of limitations.
Sorry to learn what happened to you. We are nearby in Cherry Hill and will have our nurse speak with you and have a doctor review your claim at no charge to you. Please call our office on Monday at 856.779.9500.
Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.
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