QUESTION
Can I sue if my anesthesiologist allowed an intern to inject my epidural and cause my back to be damaged?
Asked on Aug 27th, 2013 on Personal Injury - New York
More details to this question:
Nerve damage and unable to live a normal life. Can I prove malpractice if an intern injected the epidural and caused damage?
9 ANSWERS
4 Awards
Possibly. The records will have to be reviewed as well as any informed consents that were signed. You would have to be able to prove that the intern did not properly inject you and that the damage is not a known possible side effect of the epidural. You would also have to prove that the injury made your life significantly worse than it was before the injection.
Answered on Sep 05th, 2013 at 2:35 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't know what you can prove. That is your problem in every malpractice case. You need an anesthesiologist to review your chart and say whether yes or no. bad results are not the same as malpractice. some things work out. Some don't ands when they don't that aint necessarily malpractice.
Answered on Sep 05th, 2013 at 2:35 PM
Assuming these events occurred at a teaching hospital, the mere fact that an intern was permitted to perform the injection is not malpractice. However, the actual performance of the procedure, regardless of who did it, may be actionable. It will depend on the nature and extent of the injury incurred. Nerve damage is generally recognized as a risk of any spinal injection, but if the damage to the spinal cord or adjacent nerve branches is of a type that goes beyond what would be considered reasonable, there may indeed be a basis for a suit. Proof of the damage will be the most difficult part of the case, unless the injury was immediately recognized, and then fully documented, preferably at a facility other than the one where the injection took place.
Answered on Sep 05th, 2013 at 2:35 PM
Ronald A. Steinberg
No. But you can sue the anesthesiologist if the injection was done improperly. You need an expert anesthesiologist to review the records and to testify on your behalf.
Answered on Sep 05th, 2013 at 2:34 PM
James Eugene Hasser
Medical malpractice claims must be backed by a medical expert's opinion. Experienced medical malpractice lawyers have such experts available to review records. Consider consulting one. Good luck.
Answered on Sep 05th, 2013 at 2:34 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You need a doctor to review your medical records and give an opinion as to whether the problem is a result of negligence, or if it was an inherent risk of the procedure. Usually you need a medical malpractice attorney to help you find a doctor willing to give an opinion.
Answered on Sep 05th, 2013 at 2:34 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You have a claim for malpractice; whether you can prove it remains to be seen. First, a med. malpractice attorney will have to review the case (in many states, a licensed physician would also have to review the medical record and certify that there is a viable claim). Second, a lawsuit will have to be filed and a discovery (investigation) be conducted. Depending on its results, the doctor's and the hospital's malpractice insurance will either settle the case or proceed to trial. In any event, if you are hurt, don't wait too long before talking to an attorney because claims against many hospitals have to be preserved by filing a notice within a very short time.
Answered on Sep 05th, 2013 at 2:34 PM
Thomas Edward Gates
If the intern did the procedure, you must sue him. You must proved that he failed to follow the standard practice of injecting you.
Answered on Sep 05th, 2013 at 2:34 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of ALL of your medical records and have a surgeon review them; if he/she is willing to testify that your previous doctor(s) failed to conform to accepted practice, then you have a case.
Answered on Aug 27th, 2013 at 12:16 PM