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What are my rights for a Failed epideral?

Far Rockaway, NY |

I had a c section after hours of labor, neccesity is debateable, I had many top offs of my epideral ontop of the Bolus, with very limited relief. in the OR I felt all the preperation, but my words were ignored. I asked the anesthesiologist what he was giving me he told me "You dont need to know" I told him, " then stop and get someone else" he then told me the same as before, Just a higher dose, lidocaine". anesthesiologist nowhere within my sight after this breif conversation. I told OB over the drape that I could feel him cutting, his assistant, without looking at me told him that I was feeling pressure. I demanded my husband come inbefore proceding so that there is a witness to my pain. The Ob finally looks over and tells the Anesthesiologist that "I really feel it" he gave vers

according to the medical records which I finally obtained after 6 months of fighting, I was given Versed, and my BP was eleveated more than 30 over my baseline BP. during the procedure so the if there was pproper observation he should have noticed. the anesthesiologist should also been at my head to observe. I did not see my infant for more than 4 hours after even though I requested to see him multiple times in recovery, I believe he gave me the versed in a last ditch attempt, assuming the retrograde amneastic property would fog my memory.. which it hasnt As a results I have poor bonding with my child, have niightmares, flashbacks, panic attacks etc. at

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Attorney answers 4


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,, E-Mail: , 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'm sorry to hear about this. A lawsuit would likely cost more than would be recovered, however, contact a local malpractice lawyer to review.


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.

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