Consultation with a Medical Malpractice attorney is generally free, so I would advise you to consult with a local practitioner who can go over the specifics of your case. In order to prevail in a medical malpractice case you would need to have provable damages. Epidurals are the preferred method of pain relief instead of general anesthesia during a c- section. There are side effects associated with the medication, and generally there is an informed consent form that a patient signs before going into delivery room, which outlines all the possible side effects. You would need to see if you have that form in your paperwork. Hopefully you and your baby are physically healthy and have not suffered any lasting permanent injuries aside from the discomfort of the c-section delivery. A local Malpractice attorney can better discern if you or the baby have any permanent injuries resulting from the c-section and epidural that will warrant a lawsuit. Congratulations on the birth of your new baby.
** LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client relationship. When responding to questions posted on Avvo, a general purpose response based on Florida law is provided. All relevant background details or facts related to your issue / matter is not available. Therefore, I am not in a position to give you legal advice. Further, the review, use of, or reliance upon my response does not establish an attorney-client relationship. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Karen Munzer, PLLC, www.karenmunzer.com, E-Mail: email@example.com , Tel: (786) 501-6655
You need to schedule a review with a med mal attorney bringing with you those records you have which you consider supportive of malpractice. The attorney will interview you and look at what records you have, and if s/he wishes to pursue a possible claim, will have you sign authorizations for all the records and contact an expert to determine if there is a sufficient case to proceed to litigation.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
I am sorry to hear about this situation and the pain you went through. However, unless you have some permanent injury as a result of the failed epidural other then the pain you had at the time them I do not believe that you have a claim that can be litigated. Medical malpractice cases are time consuming and financially demanding so unless you have a really significant injury it is not worth pursuing.
Sign up to receive a 3-part series of useful information and advice about personal injury law.