Your Epidural Was Placed Incorrectly. Can You Sue?

Epidural administration is a pain-relieving shot most common in pregnant women when giving birth. However, what you may not know is that it has other uses. The medical physician can inject it into your epidural space located on the outer membrane protecting your spinal cord. 

Most of the time, the doctor will administer it to relieve pain during and after surgery and if you are experiencing chronic pain. However, the procedure is not applicable in all cases. Where suitable, the physician will use lower doses of medication for minimal side effects. 

Effects of Incorrectly Placed Epidural

When done the right way, epidural administration offers long-lasting pain relief while helping you stay alert and mobile. However, in unfortunate events, you may have your epidural placed incorrectly. In such cases, you are likely to experience the following symptoms:

• Constant tingle or numbness – if your epidural is administered incorrectly, your feet and legs will experience numbness or a tingling feeling that never goes away. The sensation occurs hours, days, or weeks after the epidural injection and can be a sign of nerve damage. If you or your loved one experiences this, you should seek medical attention to determine whether nerve damage is causing the pain. 
• Epidural abscess is an infection that develops around major nerves and the spinal cord. The infection causes the formation of pus, leading to swelling. If not identified sooner, the infection leads to permanent nerve damage.

Obtaining Legal Counsel for Improper Epidural Administration

Medical professionals have the responsibility of preserving life and the health of their patients. But in some unfortunate events, these professionals are shortcoming, resulting in bodily harm and sometimes death. One such unfortunate event is improper epidural administration. 

If that happens to you or your loved one, the only solution is to pursue legal counsel to help you recover the damages. However, it’s impossible to win a medical malpractice case by relying on the patient’s testimony. To obtain justice after an improperly placed epidural, you need to find a qualified expert witness to testify on your behalf.

A professional medical malpractice attorney can help you obtain a suitable witness to help with the case. The witness uses their knowledge on the area to testify the relevant standard of care and prove beyond reasonable doubt that the medical practitioner failed to meet their care. 

Follow these steps to start a medical malpractice case involving an improperly injected epidural:

Get in Touch With the Responsible Medical Practitioner

Before filing a claim, contact your medical professional to give them a chance to review what might have gone wrong with the epidural administration. The review helps determine if it’s possible to remedy the problem. The medical practitioner will offer free services to rectify the situation in most cases. 

Contact the Medical Licensing Board

If the medical practitioner is not willing to cooperate or offer a solution, the next step is to contact the relevant medical licensing board. The licensing board, in this case, will only issue a warning to the medical professional but won’t push them to compensate you for the damages. In addition, the board can offer you guidance on the subsequent steps to take. 

Understand the Statutes of Limitation

Once you decide to file a claim, ensure you find out how long you have to open your claim case legally. Like other civil claims, medical malpractice has a time limit when you should file your case. The statutes of limitations dictate that you file your lawsuit within a given time limit from the time of the injury. If you fail to file your claims within the set time limit, you will lose your right to get compensation. 

Seek Medical Assessment to Prove the Merit of Your Case

Before starting a medical malpractice case, the law requires that you have a certificate of merit to prove that your injuries resulted from the medical practitioner’s negligence. 

You can get the certificate of merit from another medical professional. The professional reviews your medical records to certify that the past medical expert deviated from the expected medical standards, resulting in injuries. Your attorney will file this certificate in your case file to act as proof that you spoke with a medical expert and your decision to file a claim is merit. 

Consider Your Settlement Options

Medical malpractice cases are costly and time-consuming. In addition, insurance companies are notorious for rejecting most of these cases. Your attorney may advise you to consider an out-of-court settlement for these reasons. But before advising you on taking this route, your lawyer will review the case, and if they believe that you have a strong chance, they will help you seek a larger settlement. 

How a Medical Malpractice Attorney Can Help If Your Epidural Was Placed Incorrectly

Once you confirm that your injuries resulted from the improperly placed epidural, you should contact a medical malpractice attorney for help. 

The attorney reviews your medical records and consults with medical experts to confirm that your diagnosis and treatment fall below the expected standard of care. If the experts confirm that the involved practitioner did or failed to do something that a competent practitioner should have done, you are entitled to compensation.  

Proving negligence is the first thing your attorney does to create the foundation for your case. However, proving negligence in a medical malpractice case is not easy. It takes an experienced lawyer to assess all the possible ways the error could have led to your injuries. In addition, the attorney needs to show how the injures have impacted your life, such as:

• Additional medical expenses
• Inability to work
• Pain and suffering

Contact a Medical Malpractice Attorney If You Suffer an Incorrect Epidural Administration

Once you go to your doctor for treatment, you put all your trust in them with the hope that they will provide prompt diagnosis, proper treatment, and sound medical advice. But unfortunately, medical errors occur, resulting in physical, emotional, and financial distress. When that happens, you need the assistance of a medical malpractice attorney to help you file a claim.

If you or your loved one gets an incorrectly administered epidural, don’t hesitate to contact us for a free consultation. Our medical malpractice lawyers will review your case and determine whether you have a case. We will help you fight for your rights and get you maximum compensation if you do.