Would I have a claim for medical negligence?

[GabbyChalice400]

Hi, not sure if this board gets much traffic, but I need other opinions as to whether or not i potentially have a claim for medical negligence.

A colleague who previously worked in a medical negligence said it might be worth looking into but I'm not sure.

Anyway, I have had complications a few months after having 2 epidurals and a spinal during labour (ended in c section). Total numbness on the outer side of my right thigh and some bowel incontinence for about 4 months. Have been referred for a spinal assessment by my GP as I've been with the same problem twice now.

Epidural only worked on one side of my body (the numb side now) as anaesthetists noticed after admini

What was the negligence?

sorry posted too soon but..

after administering the epidurals that I have slight curvature of the spine. Suffered horrendous pain on one side of my body during labour.

Would I have a claim here or not? I don't remember them telling me the risks or anything like that during the labour as I was totally, totally out of it - think I had reacted adversely to dihydrocodeine. I can only remember the pain but nothing else. My mum had to tell me most parts as I just don't recall anything.

An epidural that only works on one side of your body is a very common side effect - it happens to 1/8-10 people. They will have warned you about this before. The fact you can’t remember it but your mum can would reinforce this. I don’t think you have a claim

I'm not sure what I think the negligence would be, but my colleague thinks that it was administered incorrectly.

And I do recall one of the anaesthetists saying that the first epidural wasn't administered in the epidural space in my back.

I'm so confused about everything. All I know is I've been left in pain with some potential permanent nerve damage.

.

It’s very very difficult to sue in Britain for medical negligence. Where did this happen?

@BogglesGoggles It was my local hospital. I'm in the North West

You’d have to get a copy of your patient notes.

Something must have happened during the administering of the epidurals for me to have nerve issues now.. so I think there is some negligence.

A one-sided epidural is very common. Unfortunately about 15 in every 100 women with an epidural will find it doesn't work fully. It's also very common for epidurals to move and they can come out of the epidural space. These would both be routine things for the anaesthetist to have mentioned to you, and it sounds like they did.

I don't think you have a claim for negligence. Did the anaesthetist see you after giving birth before you went home? What did the hospital say about the incontinence before you were discharged?

Known risks of epidural are uneven distribution of anaesthetic, puncturing the dura (the lining that keeps your cerebrospinal fluid around your spinal cord), nerve damage (temporary or, rarely, permanent), low blood pressure, etc.

Risks are expressed as 1 in .... e.g. 1 in 1000. That risk doesn't take into account wrongdoing by a practitioner. That's the risk of it happening under normal conditions. Sadly, somebody will be the 1, or it would be a 0 risk.

You would have to prove that there was some wrongdoing and that a competent doctor wouldn't do that same thing. I don't see how you could do that when you are experiencing a known side-effect of having an epidural.

I hope your recovery is swift.

PI lawyer here. Very much depends on the whole set of notes, including the consent form and risks informed and circumstances. A risk with epidural is not fully working, but as for negligence there needs to be duty, breach and causation. Without the full facts, the causation will be difficult to establish. You will need to seek a specialist in your area who can apply for the records etc to see.

I understand that one sided epidurals can happen. But it's the pain and issues that have happened months later as a result of it that are the problems.

Surely it isn't common to have nerve damage and bowel incontinence?

Thank you @Kanga83. I'm waiting for a call back from a medical negligence specialist.

I don't even think I signed any forms explaining the risks or anything like that. I just don't remember anything whatsoever..

I remember signing a form just before my section but that's about it.

You're probably better off getting the spinal assessment and seeing what they can offer in the way of treatment. You have years in which to bring a claim if it transpires that something was indeed done wrongly.

Something must have happened during the administering of the epidurals for me to have nerve issues now.. so I think there is some negligence

Not necessarily negligence. There will be a margin of error in any medical procedure and the medical staff have to balance the effects with the risk. What loss have you suffered?

DSis had a medical negligence claim. The hospital agreed to settle immediately. The doctor was "medically retired". She was unable to walk, doubly incontinent and suffered PTSD as a result of incompetence and had to give up her job. It took 3.5 years to agree a paltry figure, out of which she had to repay benefits received since she left work. In fact, the legal fees were more than her payment. During this time she had all sorts of "expert witness" appointments to attend - all over the country. We agreed, despite the money, it hadn't been worth claiming.

That is true @Couchpotato3. In terms of nerve medication options are limited as I'm on Citalopram. Normal OTC painkillers don't even touch the pain

Oh gosh @OllyBJolly.. maybe it's not even worth it then

You have to prove your bowel incontinence was caused by the epidural and not by childbirth or pregnancy, both of which can result in these.

Many people have a slightly crooked spine. I do. The anaesthetist can feel this when they size up your pelvis.

It's rather sickening that you're even thinking of suing for negligence for this, tbh, especially as the effects were temporary.

In the first instance I'd ask for a birth debrief to go through your notes with a midwife and read what happened. Have your specialist appointments about your nerve and bowel symptoms and find out if they were caused by the epidural. Then write a written complaint to the hospital so they can explain what happened and why. If you think you have a negligence case you can then pursue via a solicitor.

@timshelthechoice The effects aren't temporary though. It affects my day to day life, it's debilitating.

@themouldneverbotheredmeanyway Is it the hospital I need to call to ask for a debrief?

Neglect in law is much more than damage. In order to show that it was neglect you have to show that did something wrong (as opposed to something going wrong) and that it was unreasonable etc etc. The standard of reasonable care may be further lowered if they were doing it for an emergency c-section (this may prove an issue on causation if you don’t know which procedure caused the problem). You may be able to show that they failed to inform you of the risks but unless you would have refused if they told you that’s not going to do you any good. It really is ridiculously over complicated and there is a bias in favour of nhs hospitals (for public policy reasons apparently).

Thanks @BogglesGoggles, it all sounds so complicated