Navy Wife Alleges Medical Malpractice 14 Years Later
Imagine going to the hospital anticipating nothing but joy with the birth of your child, but instead being subjected to a life altering injury. For one woman, this was a reality. Fourteen years ago, in 2003, a woman entered Naval Hospital Jacksonville to deliver her son through a planned Cesarean section. She was administered anesthesia through a spinal anesthesia needle. Part of that needle broke off during the process.
For the past fourteen years, the woman has experienced severe, constant pain in the form of left-side sciatica, hip pain, and lower back pain, according to Army Times. She was misdiagnosed for fourteen years until finally a doctor administered a CT scan and found that there was a 3-centimeter needle sticking out of her spine. This needle was three-fourths through a bone and has caused permanent nerve damage. Doctors state that it would be too risky to remove the needle at this time.
The woman alleges that during the spinal anesthesia, the needle broke off. She claims that the hospital did not provide the proper anesthetic care. She also alleges that they did not inform her that the needle broke off and also failed to remove it.
During the administration of spinal anesthesia, the needle is supposed to be injected halfway into the spinal canal. The woman alleges the needle was “jammed” across the spinal canal and into her spine. She also alleges that it should have been known the needle broke because spinal needles are marked and are nine centimeters long. The woman alleges it would be obvious that one-third of the needle was no longer there.
Jacksonville Medical Malpractice
An individual is able to bring a medical malpractice lawsuit when a healthcare provider negligently causes injury to a patient, as was allegedly the case in the story referenced above. To prevail in a medical malpractice case, the plaintiff needs to prove that the defendant was negligent in their duties. To prove negligence, the plaintiff must prove that the plaintiff was owed a duty of care, the doctor or healthcare personnel breached that duty, the breach of duty caused the injury to the plaintiff, and that breach resulted in damages.
A medical malpractice claim is subject to a statute of limitations. In Florida, the lawsuit must be brought within two years of when the patient knew, or should have known, that there was an injury. You might be wondering how the above plaintiff can bring the claim fourteen years later. Ultimately, the woman did not know, or could not have known, of the alleged negligence until the needle was discovered in her spine.
Contact Us Today for Help
If you have been injured by a healthcare professional and wonder if you have a medical malpractice claim, Gillette Law is here to help. Our talented Jacksonville legal team is ready to answer your questions and get you the justice you deserve. Contact us today for a free consultation to discuss your case and options.