Is this Malpractice?

[JohnC]

What is the name of your state? New York

Every 3-4 months I go to have injection in center(L4-L5) my back to help control pain as a result of Spinal Stenosis .
This last time it was injected in the left side and I have been in almost constant pain since.
The Orthopedic Dr office agreed that this was a mistake made by an assistant to my Dr.
I discovered this after I compared my scrip with older ones. ( I have had approx 8 earlier with no problem. All of them Center) I have been on Workmans Comp for almost 3 years who pays for these.
Since I cannot have another injection for 3 months-(allowed 3 per year) I will be in pain until next year at the earliest.
Do I have a case for Malpractice? If I do, do I sue(pain and suffering) the Medical Practice, the Dr or the Dr who gave me the injection? Or all of them?
I also should point out that just after getting the injection this time, I noticed that my legs were weak. I managed to drive home ok, but when I got out of the car, my left leg would not hold my weight and was also numb. When I called the nurse at the hospital, she said it was normal...Never had this problem before.
Thank you for your help

 

[lya]

What is the name of your state? New York

Every 3-4 months I go to have injection in center(L4-L5) my back to help control pain as a result of Spinal Stenosis .
This last time it was injected in the left side and I have been in almost constant pain since.
The Orthopedic Dr office agreed that this was a mistake made by an assistant to my Dr.
I discovered this after I compared my scrip with older ones. ( I have had approx 8 earlier with no problem. All of them Center) I have been on Workmans Comp for almost 3 years who pays for these.
Since I cannot have another injection for 3 months-(allowed 3 per year) I will be in pain until next year at the earliest.
Do I have a case for Malpractice? If I do, do I sue(pain and suffering) the Medical Practice, the Dr or the Dr who gave me the injection? Or all of them?
I also should point out that just after getting the injection this time, I noticed that my legs were weak. I managed to drive home ok, but when I got out of the car, my left leg would not hold my weight and was also numb. When I called the nurse at the hospital, she said it was normal...Never had this problem before.
Thank you for your help

Just because worker's comp will not pay for a repeat injection (which it will if you have an attorney), doesn't mean you can't get the proper injection.

The MD whose assistant wrote the directions incorrectly owes you a resolution to the problem. You need to assert your right to receive corrective, pain-relieving treatment in the form of a center-placed injection at no charge to you and no charge to worker's comp. If you have an attorney representing you with worker's comp, the attorney can gain worker's comp cooperation in your receiving the shot and collecting, if necessary, the charge(s) from the physician.

Do you have a medical negligence claim? Yes; and it is viable.

Can you find an attorney to take your claim? Most likely not because the monetary damages will not even cover the basic charges to review the claim and file a suit.

I believe that if you are unsuccessful in your assertions with the MD, an attorney can/will write a letter of demand on your behalf.

If you pay, out of pocket, or worker's comp pays for the additional injection, you should be able to recoup the money through a lesser lawsuit, like small claims court or whatever it is called in your area. (some small claims courts are referred to as magistrate's court, at least around here)

Good luck!

 

[LAWMED]

Mistake?

What exactly is the mistake made by an assistant to the Dr.? The fact that the "left" side was injected rather than the "center"? If so, that is a mistake made by your physician, regardless of whther his assistant told him the wrong location.
Was there any unusual pain on injection? Any pain radiating down the leg? Was the injection done under fluroscopy (X-ray guided)?

Damage of the sacral nerve is a possibility.

 

[JohnC]

There was intense pain when the Dr. injected me with shooting pain down my left leg. The procedure was done under X-ray.
When I got off the table,my legs felt weak. While I had no problem driving myself home, I noticed that my entire left leg was numb.
As I got out of the car, i discovered my left leg would not support my weight and as a result almost fell. I grabbed the car door to keep from this happening. I manged to get to my apt by shifting by weight to my right side and moving very slowly. Someone got me a broom handle so I could support myself better.
When I called the hospital,they told me this was a normal reaction. I have had this done 6 time before without any problems.
I have had moderate to severe pain in my lower back since.