QUESTION

What can I do about a possible nerve damage from epidural?

Asked on Dec 10th, 2013 on Personal Injury - Idaho
More details to this question:
I had my son back in January and since then, I have had sever lower back pain that is now causing sciatic nerve pain throughout my back and lower extremities. I have been to physical therapy, massage therapy and my doctor who has not done an MRI yet and it seems they all agree there is something major going on but nothing being done about it. The doctor who administered the epidural had a difficult time doing so and tried three different times with no success. I was just wandering what my next step should be or what I should do as the pain is getting worse.
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10 ANSWERS

You need a physician to determine what is going on and whether it might be related to the injection or not [do not push for an opinion as to that as it may force the Dr. to say there is no relationship]. If it is, you will need to hire an attorney who handed medical malpractice cases to get a sound medical opinion that the injection is causing the problems and was not done properly, determine what your case is worth, and contact the hospital to see if they are willing to settle [rarely do they do so at the early stages of a malpractice case].
Answered on Dec 16th, 2013 at 6:24 PM

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Personal Injury Attorney serving Milwaukee, WI
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You might not have a case that can be won. I looked at a case just like yours a number of years ago. I presented the facts to a number of anesthesiologists. They all told me that such an injury can occur, even with the doctor doing everything correctly. The only way you might be able to win the case would be if you or your lawyer could find a doctor willing to testify that the doctor who placed your epidural was negligent in the manner it was placed. Again, I think you will probably have a hard time finding such an expert witness. The statute of limitations for medical negligence cases is three years from the date of injury.
Answered on Dec 16th, 2013 at 6:23 PM

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Edwin K. Niles
It's common to try epidurals before considering surgery. You need medical advice, not legal.
Answered on Dec 16th, 2013 at 6:22 PM

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Ronald A. Steinberg
There is a known risk of back pain following an epidural anesthetic. If you can find a doctor who says that 1) the epidural should NOT have been used, or 2) that it was done improperly, then you have a chance at winning.
Answered on Dec 16th, 2013 at 6:22 PM

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If your doctor does not know the cause of your problems, you should get a second opinion from a different doctor.
Answered on Dec 16th, 2013 at 6:19 PM

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James Eugene Hasser
You first need to find out what is wrong and what caused it. Then, take your next step from there.
Answered on Dec 16th, 2013 at 6:18 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You need to get a referral to a neurosurgeon
Answered on Dec 16th, 2013 at 6:17 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Seems like you have a complicated issue there are no medical guarantees. If the doctor could not do the epidural for good reasons, why would you expect to hold him to some impossible standard? In any event you don't have a legal question . you have a medical question. ask doctors you trust.
Answered on Dec 16th, 2013 at 6:17 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You are advised to see an attorney, and quickly as med malpractice has a short statute of limitations. There are known complications to a small percentage of epidurals, and the facts, and opinions of other professions will determine your best course of action.
Answered on Dec 16th, 2013 at 6:17 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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First, you need to find out the source of the pain. If a doctor can tell you it was caused by the epidural, you may have a case. However, back pain can come from a lot of different things and the one thing you don't want to do is sue the doctor and have him show that it was caused by something else. If a doctor will tell you it was the epidural, then you consult with a local medical malpractice attorney. Even if caused by the epidural, if the doctor was not negligent, then there is nothing to recover.
Answered on Dec 12th, 2013 at 7:20 PM

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