Am I responsible for costs regarding a botched medical procedure?

UPDATED: Oct 16, 2013

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Am I responsible for costs regarding a botched medical procedure?

I just recently gave birth to my first child. I opted for the epidural procedure during labor. I became concerned when I could still feel all pain on the right side of my body. In the next day it would be discovered that the needle was inserted too far and had now caused a spinal fluid leak. After a third attempt to correct the spinal fluid leak, it was brought to my attention that in the first attempt to correct the hole, more had been created. I am now receiving medical bills for these procedures that I would not have needed if the epidural had been done correctly. Are these bills something I can fight against paying?

Asked on October 16, 2013 under Malpractice Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the additional medical costs were caused by the malpractice, or unreasonable negligence, of a doctor or other medical care provider, then those person(s) may be liable for them. However, the fact that doctor A may have committed malpractice does not mean you do not owe doctor B for medical care he or she provided--however, it does mean that you may be able to recover the cost of that care (including also, potentially, lost wages, if any, and pain and suffering) from doctor A. You are advised to speak with a malpractice attorney to discuss the situation in detail, including which doctor cause you to incur additional costs and which doctor provided the additional services, to decide what to do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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