Legal Question in Medical Malpractice in Alabama

Medication Error

While having my daughter in November the doctor who gave me my epidural made a mistake. He did not hook the medication to my IV line - the medication dripped on the floor. I asked the nurse why I was still feeling the pain and she said she wasn't sure. I delivered my daugther with no relief and then the nurse discovered the mistake. It is all documented in my files (I got a copy). I was wondering if I should file a suit and what something like this might be worth. Thanks for your help.


Asked on 4/01/04, 6:28 pm

3 Answers from Attorneys

Bobby Lott, Jr. Attorney at Law

Re: Medication Error

Well, med mal cases are notoriously tough. The public tends to hold doctors in high esteem. However, this appears to be fairly straightforward. Do you have the names of all parties involved? Doctors, nurses, etc?

Are you in Ohio now or in Alabama?

Please email me back at: [email protected]

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Answered on 4/02/04, 9:20 am
Joseph Jacobs Jacobs & Lowder

Re: Medication Error

You have one year from the date that happened. Your damages are limited...maybe just the pain that you suffered...Did you? Only another Doctor could say whether you suffered any other damages...a lawyer could help you find that second doctor.

Call me directly if you like:

Joe Jacobs

216-952-1990 / 216-227-0900

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Answered on 4/03/04, 1:39 pm
Timothy Hess T. Hess & Associates, LLC

Re: Medication Error

While I'm sure you suffered a lot of pain during your child birth, you have to ask yourself: what are your damages? It does appear that a mistake was made but unless it caused serious harm to you or your child, your damages are minimal. Not to sound harsh, but women have natural childbirth everyday. The defense will likely minimize your damages and if you get one woman on the jury who has given birth naturally, you could easily lose.

Put the Dr. on notice that you would like some form of compensation. His insurance might pay if it is well documented, but weighing the cost of a med. mal suit with the likely outcome, I would not file in court.

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Answered on 4/02/04, 5:33 pm


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