Legal Question in Medical Malpractice in California

Epidural Anesthesia - Error?

On 6/2/04 I underwent surgery with epidural anesthesia used instead of general antesthesia, at my request. The epidural was also used to administer pain medication following surgery. During this time, I regained complete feeling & movement in my left leg, while my right leg became completely immobilized, with a ''pins & needles'' sensation I could not tolerate. I requested the epidural be removed, but following that my pain was not adequately managed. I have filed a grievance with the hospital to find out whether the epidural was improperly administered, but received a response letter that did not even refer to my question regarding this. I am not sure if there was medical malpractice or not; if there was, I experienced an undue amount of pain as a result. Additionally, ater speaking with hospital personnel regarding my complaint, I learned I had not been adequately informed regarding the possible side effects of the epidural. Had I been, I would not have chosen this method of anesthesia. Is there any legal recourse regarding my situation?


Asked on 8/16/04, 3:09 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Epidural Anesthesia - Error?

There may have been a malpractice. However, in order to answer that question, your medical records must be reviewed. Frequently the records will be referred to an appropriate expert for a review.

On the consent issue, it is a two prong test. First question is whether there was adequate explanation of all risks. Second, if there was not an adequate explanation of the risks, would a reasonable person in plaintiff's shoes still have proceeded with the procedure? this is where the most problems occur in terms of jury verdicts.

Therefore, before a lawyer takes on a med-mal case, which is a very costly proposition from the litigation financing point of view, one must make sure there are sufficient damages to warrant such an action.

Here is the $64K question: what are your claimed injuries?

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Answered on 8/23/04, 12:21 am


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