Last Updated on July 20, 2024

Can Epidural Injuries Be a Claim of Medical Malpractice?

Yes, epidural injuries sustained due to a healthcare provider’s negligence may be a claim of medical malpractice. Epidural analgesia is a notably safe and effective way to manage a mother’s pain during maternal labor. According to Yale Medicine, epidural analgesia is used in about 70% to 75% of women in labor – and is deemed to be the most appropriate pain relief option in these contexts. In most non-emergency situations, the administration of this anesthesia may only be done in the presence of anesthesiologists.

While epidural injuries are rare, improper administration can pose severe medical complications for mothers – which can be long-lasting, and even life-threatening. Negligent medical facilities and professionals causing such damages may be held accountable through a medical malpractice claim

What is an Epidural?

The study of epidural anesthesia can be traced to as early as 1885, albeit being called under a different name back then. Doctors and researchers in the West have always recognized its potential for improving surgical procedures and managing pain in patients. Throughout the last century, various concoctions and delivery techniques have been studied.

Modern epidural anesthesia typically contains local anesthetics (e.g., bupivacaine, ropivacaine) and opioids (e.g., fentanyl, sufentanil). In the US, the importance of epidural anesthesia is recognized by the Food and Drug Administration (FDA). Despite advancements in medicine, experts still acknowledge this type of anesthesia to be sufficient and effective. 

However, even when administered properly, epidural anesthesia can still pose mild side effects for mothers (depending on their overall health). Some of the more common side effects of this drug include:

  • Nausea or vomiting
  • Difficulty urinating
  • Drop in blood pressure
  • Mild fever
  • Headache
  • Soreness or bruising at the injection site
  • Patchy numbness
  • Ringing in the ears
  • Difficulty moving legs for a few hours
  • Mild dizziness
  • Temporary weakness in legs
  • Mild respiratory slowing

Apart from proper administration, your healthcare providers must help you understand the risks, benefits, and alternatives of this treatment. Failing to do so may also constitute medical malpractice in certain contexts.

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Errors that Cause Epidural Injuries

The administration of epidural anesthesia is very common in birthing facilities. However, negligent providers and/or unconditioned medical staff may easily fumble this process. Some of the more likely errors to be committed by subpar medical facilities include:

  • Failing to recognize potential allergic reactions to a drug
  • Failing to properly evaluate the overall health of the mother
  • Administering a wrong dose
  • Using an expired drug
  • Incorrect needle placement
  • Early administration of the anesthesia
  • Failure to properly monitor the well-being of the mother or child

Any slight oversight from a medical team can lead to tragic outcomes for both mother and child. Anesthesia errors are highly preventable if an entire medical team follows standard protocols.

Potential Complications of Medical Negligence

Following the errors provided above, let's then examine what these lapses may lead to. 

ERRORPOTENTIAL COMPLICATION
Failing to recognize potential allergic reactions to a drug- Anaphylaxis
- Severe respiratory distress
- Cardiovascular collapse
- Organ failure
Failing to properly evaluate the overall health of the mother- Exacerbation of pre-existing conditions
- Unexpected drug interactions
- Increased risk of cardiac events
- Complications related to undiagnosed disorders
Administering a wrong dose- Respiratory depression or arrest
- Cardiac arrest
- Neurotoxicity
- Prolonged paralysis
- Seizures
Using an expired drug- Ineffective pain relief leading to trauma
- Toxic reactions due to degraded compounds
- Increased risk of infection
Incorrect needle placement- Spinal cord injury
- Permanent nerve damage
- Paralysis
- Epidural hematoma
Early administration of the anesthesia- Slowed labor progression
- Increased risk of C-section
- Fetal distress due to maternal hypotension
Failure to properly monitor the well-being of the mother or child- Undetected fetal distress
- Maternal hypotension leading to organ damage
- Delayed recognition of complications
- Progression of treatable issues to severe outcomes

Epidural Injury Treatments

Treatments vary depending on the actual injury being suffered. Naturally, more severe conditions would require more intensive treatments. Generally speaking, treatments for epidural injuries fall under these umbrella categories:

  1. Mental health support – For those experiencing significant life changes due to their injury, counseling or psychological assistance can be valuable.
  1. Sustained pain management – Various pain medications, ranging from over-the-counter to prescription drugs, may be used to alleviate discomfort.
  1. Physical Therapy – When injuries affect movement or cause physical issues, physical therapy can play a crucial role in the recovery process.
  1. Operative procedures – In more extreme cases, particularly those involving substantial damage to epidural nerves, surgery might be required as a treatment option.

All medical expenses (past and future) are accounted for in all medical malpractice claims. Apart from medical bills, other economic and non-economic losses are also factored in – lost income, emotional trauma, and decreased quality of life are some of the more common inclusions. 

Errors in administering anesthesia could lead to life-altering complications. As reported in 2020, mistakes made after the surgery were the most expensive to rectify, with a middle value of $4,250,000 (across 90 cases studied in the US).

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How Do You Establish an Epidural Injury Claim?

To validate a claim, medical malpractice experts collaborate with reliable medical consultants to identify and confirm four key elements during a preliminary investigation. These key elements are as follows:

1. Duty of Care – Was there an appropriate doctor-patient relationship?
2. Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care?
3. Causation – Did your doctor’s actions/inactions directly cause you harm?
4. Damages – What did these errors cost you?

Apart from establishing your claim, the responsibilities of your medical malpractice lawyer include gathering pieces of evidence, officially filing your case, and negotiating for your compensation.

Speak to a Medical Malpractice Lawyer Today

At the Porter Law Group, our team of proven medical malpractice lawyers deliver ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.

Written By
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
Legally Reviewed on July 20, 2024
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Eric C. Nordby on July 20, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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