Anesthesiologist attempted the epidural 7 times, leading me to have nerve damage. After, I was told it was my fault.

Question

Went into labor on 6/4/24, the anesthesiologist poked me 7 times. During those attempts, he said "Oh, I went a little too much to the left" and "oh, I hit a bone" and another time my leg jolted because a nerve was hit. After the epidural was successful, I was told "if you hadn't been screaming, I would have been done sooner" but I was not screaming. I was scared, had contractions, but held steady because of the nurse. The nurse had to interject and told him not to speak to me in that manner, and it was not my fault.  
 
A few hours later, the same anesthesiologist walked in the room holding a needle dripping liquid. He was going to add it to the IV, but I refused. After a few times of him trying to convince me that I needed it, I sent him away.  
 
Due to the 7 attempts, I now have nerve damage. I have been seeing a neurologist (confirmed it was due to the epidural). Toe numbness, heel and back pain.  
 
An MRI and nerve test are scheduled for this month.

Joel Gary Selik · Answer

It may or may not be malpractice. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm.  Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care. 
 
Another issue is the nature and extent of the harm. The potential outcome will need to be analyzed to determine the efficacy of a case.  Consult with experienced malpractice attorneys.

Eliza Jasinska · Answer

Based on your description, it sounds like you may have a potential medical malpractice claim against the anesthesiologist. If the anesthesiologist attempted the epidural seven times and made statements indicating negligence—like "I went a little too much to the left" and "I hit a bone"—this could demonstrate a lack of proper care. Additionally, if your nerve damage was confirmed by a neurologist as resulting from these attempts, this strengthens your case. It's crucial to gather all medical records, including documentation of your nerve damage and any correspondence related to the anesthesiologist's actions. Consulting with a medical malpractice attorney will help you understand your rights and options for pursuing compensation for the damages you have suffered.

James L. Arrasmith · Answer

I'm sorry to hear about what you've been through. Based on the situation you described, it sounds like you may have a potential medical malpractice claim, especially since a neurologist has confirmed that your nerve damage is linked to the epidural. The fact that the anesthesiologist made multiple attempts, hit a nerve, and made inappropriate comments during the procedure raises serious concerns about the standard of care provided. 
 
You did the right thing by getting medical evaluations to document your injuries, as having solid evidence, such as MRI and nerve test results, can be critical in a malpractice case. It's important to keep all records from your neurologist, as well as any additional documentation related to your treatment and recovery. 
 
Given the severity of your situation, it may be helpful to discuss your legal options with an attorney who has experience handling cases involving labor and epidurals. They can help you understand if there was a breach of care and what steps you can take to seek compensation for your pain, suffering, and any long-term impacts on your health.

Q: Anesthesiologist attempted the epidural 7 times, leading me to have nerve damage. After, I was told it was my fault.