Legal Question in Medical Malpractice in Florida

Wife received epidural which was paid in full before our delivery to the anesthesia practice however during delivery it became necessary to have to have a C-section and was moved to the OR there the anesthetist put a different drug in her epidural and told physician she was ready however when they began cutting her she felt everything and had to be held down on the OR table while the anesthetist attempted to figure out what was doing wrong and ended up just completely sedating her as the epidural did not work as they thought. Now instead of a We are sorry they want an additional $4500 just the anesthesiology group for the additional drugs that wouldn't have been needed if the epidural had been working like she said it was. Do I have a case not to have to pay this outrageous bill ?


Asked on 12/29/14, 3:24 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

This is not likely a malpractice claim and even if it were without permanent injury it does not have sufficient value to pursue it. I suspect that whatever decisions were made were done so to make sure she was comfortable when she was obviously not in the beginning. That action may have required additional intervention and charges and that is what they are billing you for. This is not a legal issue, but a medical one. I suggest you speak or write to the anesthesia practice asking for an explanation of why there were additional charges and whether they were occasioned by their failure to be properly prepared to switch from vaginal delivery to c section.

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Answered on 12/29/14, 3:35 pm


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