QUESTION
I believe the doctor might have damaged a nerve in my back while performing a spinal tap. Would I have a case if I can prove it was caused by the test
Asked on Jun 25th, 2012 on Medical Malpractice - Oregon
More details to this question:
I was recently diagnosed with Guillian Barre , and have been paralyzed from the hips down. To conclude my diagnosis they performed a spinal tap to confirm there was higher protein levels in my fluid. He placed the needle in and immediately I felt pain shooting across my left hip and up my spine. he took the needle out and pressed on the spot he punctured and there was still pain. He entered the needle in a second spot and there was still immense pain he went to call anther doctor, and just before the nurse got back he stated that he got it in and was able to draw fluid but I have had hip and spine pain since and have had a constant headache anytime I move my spine too much.
1 ANSWER
I am sorry to hear about these problems. What you will probably need to do is go see a new doctor that can help you confirm that your nerve was damaged in the process of the spinal tap. You will also need to talk to a new doctor about whether the first doctor did damage the nerve and if that is a likely risk when a spinal tap is performed. What you will need to confirm is that the damaging of the nerve was below the standard of care for a spinal tap -- that nerve damage should not have happened if standard care procedures were followed. It may be that nerve damage is a risk of a spinal tap that you were warned about prior to the procedure - I am not sure. You should talk to other doctors about this and get more information regarding how the procedure should have gone. Malpractice cases are very difficult. This is because most state laws make it difficult to sue a doctor or other health-care provider. Most states even require that you have an expert witness employed who has agreed to testify against the first doctor saying that the doctor fell below the standard of care by damaging a nerve in your spine when performing the spinal tap. Expert witnesses are often hard to find and are usually expensive. These cases are expensive and time consuming. With all that said, I would talk to other doctors about this first. If it is something you still want to proceed, you should collect your medical records from all doctors and hospitals regarding this matter and call local attorneys who handle medical malpractice cases. You should try and get a consultation (most are free) and they will likely want to review your medical records before letting you know if they think they can help you. It is likely that you are limited to 2 years from when the nerve was damaged to bring a suit or action against the doctor - so keep this time limitation in mind. A local attorney will be able to assist you further with explaining state laws that would be particular to your potential case. Best of luck.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response.
Answered on Jun 25th, 2012 at 5:12 PM