Legal Question in Medical Malpractice in California
Epidural Mistakes
On 6-29-03 I had a baby. The hospital did an epidural on me and when it came time to remove it, the ''tubing'' got stuck. It took almost 15 minutes to remove it and when it was finally removed I started suffering severe back pain immediately. I still have the severe back pain and cannot work because I cannot stand, sit, lift or do basically anything I did before having the epidural. What I would like to know is if there is anything I can do to sue the hospital or doctor.
1 Answer from Attorneys
Re: Epidural Mistakes
Sure. Med mal cases are handled on a contingency basis meaining no recovery no legal fee. The law limits the amount of fees that can be charged. It also limits recovery for pain and suffering to $250,000, but there is no limit on economic damages.
In a med mal case one must prove that the problem was caused by professional negligence, not just an error in judgment. MD's are not required to be perfect. If what happened to you is a rare but normal risk of the procedure, then there may be no case without evidence of professional negligence. Of course, you were required to be informed of the significant risks of the epidural procedure.
You should have the matter reviewed by a competent medical malpractice lawyer. The hospital records and your subsequent medical records will have to be reviewed by a qualified anesthesiologist to determine if there was professional negligence.
Feel free to contact us if you wish.
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