Should I sue if I received a back injury from an epidural? 17 Answers as of October 28, 2011

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. So, you would first have to prove that the anesthesiologist did something incorrectly, and to do that you have to hire an anesthesiologist as an expert witness, to review the records and render an opinion that there was a failure to conform to accepted practice. Now, what's this about "can't prove" nerve loss? If you can't prove it, you have no case.

Medical malpractice cases are governed, in part, by RCW 7.70.

It really depends on whether the doctor was negligent. Just because you were injured, doesn't mean the doctor breached the standard of care. Sometimes things happen. You should contact a medical malpractice lawyer in your area.

You should consult with an attorney who specializes in medical malpractice. Your medical records should be reviewed by a medical expert. Once this occurs, your attorney will be able to tell you if there are grounds to pursue a claim against the anesthesiologist.

You should consult a medical malpractice attorney who can employ experts to determine if the anesthesiologist breached the standard of medical care in performing your epidural. Your attorney can also use expert analysis to determine if the nerve damage you are claiming was caused by the procedure, its extent, and a likely prognosis.

This is a medical malpractice claim that is dependent on whether the physician's actions were below the standard of care ordinarily required of physicians under like and similar circumstances. I cannot tell conclusively from the limited information provided but this sure sounds like a case that is potentially meritorious.

You haven't provided enough information for any real analysis of your potential claim, and I would suggest setting up a consultation with an attorney who does medical malpractice work. Secure your records from the doctor and the hospital and take them with you for a more profitable consultation for both you and the attorney.

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record. When a poor result occurs following anesthesia for surgery, it is often difficult to obtain an expert opinion that substandard care was provided. However, even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the poor results you suffered from the surgery will compel a jury to a substantial award. Another attorney may have a different opinion and I encourage you to seek a second opinion. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.

Florida has specific laws dealing with medical negligence and what is required to be successful in a case. Because of the severity and complexities of your situation, I suggest you contact an Orlando Personal Injury attorney as soon as possible who can review all of the specifics of your circumstances and make particular recommendations.

You may. An expert will have to determine that (1) the doctor's actions in performing the epidural fell below the standard of care and that (2) that breach in the standard of care caused your injuries. This is dependent upon an expert medical review. Then, you have to determine if the economic loss is worth the expense of the suit (this is more difficult now that Rick Perry and the republicans have done so much to prevent access to the courts in this movement the dubbed "tort reform".