Q: I hurt my back. I got a epidural shot. I week later I couldn't walk. I had a abscess on my spine. Can I sue?

A: In California, to sue for medical malpractice, you must prove that the healthcare provider was negligent, meaning they failed to meet the standard of care. In your case, you would need to demonstrate that the provider had a duty of care, breached that duty (such as through improper administration of the epidural or failure to monitor for complications), and that this breach directly caused your injury, including the abscess and resulting complications. Additionally, you must show that you suffered damages, like physical injury, numbness, or loss of work. Since medical malpractice cases are complex, consulting with a specialized attorney would help determine if you have a valid claim

A: It sounds like you're dealing with a difficult situation after your medical treatment. If you developed an abscess on your spine following an epidural injection and it led to significant complications like not being able to walk and needing emergency surgery, you may have grounds to explore a medical malpractice claim. This would depend on whether your healthcare provider failed to meet the standard of care during your treatment, causing your injury.

To pursue a claim, you’d need to demonstrate that negligence occurred, such as improper technique during the epidural, failure to recognize signs of infection, or a delay in diagnosing and treating the abscess. Since your right leg remains numb and you’ve lost work, these consequences could also be considered when calculating potential damages.

It would be important to consult a lawyer who can review the specifics of your case, including medical records, to determine if pursuing legal action is feasible. They can help you understand your rights and the possible outcomes. Time limits (statutes of limitations) exist, so it’s best to act quickly if you’re considering a lawsuit.