Q: Do I have a case to file a lawsuit against a hospital for the case of my back pain from the doctors mistake?
I am writing to seek your legal expertise and representation in a medical malpractice case against Clear Lake Regional. In 2015, I underwent a traumatic experience while giving birth to my first child at the hospital. The incident in question revolves around a faulty epidural administration by a doctor at the facility.
During the epidural procedure, the doctor made two unsuccessful attempts, each accompanied by a disturbing sensation of crunching in my spine. Despite this, he proceeded with a third attempt, expressing his discomfort with the situation. Post-birth, upon removal of the epidural, I experienced severe pain and a lack of lower back support, rendering me incapable of performing basic tasks such as lifting my newborn or even bending over without assistance.
The negligence displayed by the medical practitioner has not only left me with physical discomfort but has also impacted my ability to care for my child adequately during those crucial postpartum days.
A:
There are rare cases in which a doctor is negligent in administering an epidural and it causes a significant injury to the plaintiff. What happened in your particular case, however, will need to be carefully evaluated by a health care practitioner in the same field of medicine as the doctor who administered your epidural to determine whether that doctor's actions fell below the standard of care in that field of medicine. A lawyer can tell you that, if your doctor's actions fell below the standard of care in his/her field of medicine, then you may very well have a winnable medical malpractice case. But another doctor who is will to write an 'expert report' will have to make that determination first.
Since this event happened in 2015, any claim may also be barred by the applicable statute of limitations depending upon the facts of your particular situation. Most medical malpractice claims need to be filed in court within two years of the act or omission of your doctor.
Tim Akpinar agrees with this answer
A: I'm sorry for your ordeal. It could be difficult for attorneys to answer your question based on the facts contained in the post. If a law firm felt that you might have a possible basis for a claim, they would retrieve your records and review with a doctor, possibly proposing diagnostic imaging studies to further evaluate your sensations of a crunching of the spine. Most law firms that handle such cases offer free initial consults. Good luck
A: Not all mistakes and omissions will amount to medical malpractice. You have to prove all elements of medical malpractice and have the expert certify that the particular doctor's conduct fell below the standard. Generally, you have one year to file a medical malpractice claim absent a very narrow exception. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or legal circumstances. This information does not establish an attorney-client relationship. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this website without seeking professional counsel. JASINSKA LAW FIRM PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the contents.
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