Richmond, IN asked in Medical Malpractice for Indiana

Q: Is it legal for an anesthesiologist to dose me with drugs after I told him no?

Right before my c section I signed a consent to be put under because my epidural failed during labor and then I ended up needing a c section. The anesthesiologist came in and told me no he was going to try redoing my epidural after they tried 5 times during my labor. I told him no to just put me to sleep and he said he was doing it anyways and put the medication in my epidural port.

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: A lot depends on what the records showed. In the middle of a medical event the doctor is given more leeway in "judgment calls " they make. If they say they felt professionally that was the way to go,I wouldn't view it as illegal. As far as a civil case there wouldn't be a case if there is no damage done by it, even if it is technically wrong. Contact a member of the Indiana Trial Lawyers Assn--they give free consultations and can get all the details.

Paul Stanko
Paul Stanko
  • Plymouth, IN
  • Licensed in Indiana

A: In Indiana, malpractice actions must follow a very strict procedure. You need to contact an INDIANA malpractice lawyer ASAP, as proposed complaints must be filed in a timely fashion. It is not a question of legality, but rather of the proper standard of care, and whether the doctor followed it.

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