Was I wronged by the hospital?

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Was I wronged by the hospital?

During my delivery I was given epidural on my consent. The anesthesiologist gave it and my mother noticed a lot of blood he wiped away. As far as I’ve known there shouldn’t be bleeding. But I was in labor and I just let it go at that moment. The epidural did not work. It numbed one side of my leg completely I didn’t feel it being there at all and the other side was in pain. It did not help with any pain. So they have it again. The entire procedure. It didn’t work again. By now I had progressed far into labor so the attending doctor said I have no choice but to bear it. That wasn’t the problem. Issue is I was in

immense pain months and even year after the delivery. About 4 months of pain I consulted a general practitioner and said I thought it was post delivery pain but it has gone on for too long she said my tailbone was probably moved during labor and gave me painkillers. I didn’t think of it much but I was still in a lot of pain a year after delivery. I could not sit in the car for too long or any surface that wasn’t soft. I still get pain these days and it has been 2 years. Do I even have a case here?

Asked on February 2, 2017 under Malpractice Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You *may* have a viable case: it depends on whether the cause of your pain and distress is something *wrong* that the hospital did. That is, is it the result of malpractice, or medical negligence (carelessness)? The law accepts that the practice of medicine is not perfect, and accordingly does not hold medical care providers to a standard of perfection. If they did nothing wrong and you nonetheless have a bad outcome--which sometimes happens, even if everything is done right--there is no liability. So liability depends on whether they did something wrong.
Do you have reason to think they did anything wrong? Has some other doctor told you that they did? That's the key to whether you have a case--is there medical evidence (such as the opinion of other doctors of the appropriate types or specialities, etc.) that the care you received was deficient?
The statute of limitations, or time within which you *must* start a lawsuit, for medical malpractice in your state is generally two years, though that can be extended if you could not have known of the problem right way. If the medical care was provided two years ago as you indicate, consult with a medical malpractice attorney NOW, before more time goes by, about whether you may have a case and, if so, about getting it filed.


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