Legal Question in Medical Malpractice in Iowa
injury from injection
recieved cortisone injection for shoulder injury, now hwve facial paralysis. was under workman's comp but now being told not covered because not caused from injection dr that gave it stated had difficulty with injection and had immediated pain from injection which is not normal, when i told him about the facial paralysis he stated "I don't know what to tell you" I had had the same injection 10 years ago in my foot which caused large amount of swelling, I had told this to the dr this is an abnormal reaction, he did not tell me of any side effects or reactions that might happen, there was another person in the room with us during the procedure that heard all of this do i have a leg to stand on?
1 Answer from Attorneys
Re: injury from injection
Your facts are worth looking into from a legal standpoint. There is likely a dispute from both a workers' compensation and medical malpractice standpoint over what is called "causation." This legal principle means that you must prove that the injection in the shoulder was a direct cause of the resulting facial paralysis. Only then can the doctor possibly be held liable for the resulting damage, and only then will workers' compensation be obligated to pay for injuries resulting from treatment you received for a work comp injury.
Your attorney will evaluate causation and most probably confer with medical specialists regarding whether there is any medical or physical basis for linking the injection of cortisone with the nerve problem in the face. Medical malpractice must be proven through the use of expert witnesses, who can testify regarding the doctor's lack of use of care or accepted medical procedure in treating you.
I am an attorney who takes cases in personal injury, medical malpractice, and workers' compensation, among other matters. I would be happy to confer with you further regarding this matter and your legal rights. In fact, I am already working on a medical malpractice case for another client which involves an injection which had unforeseen results. Please feel free to contact my office whenever you can. I look forward to hearing from you. The number is (515) 633-9210, or the toll-free number (888) 700-9941 outside Des Moines.