Undergoing epidural steroid injection treatment for a herniated disc injury or other reasons is common in Nevada. However, if you’re experiencing complications, you must consider exploring your legal options.
This guide will help you understand the key factors that influence epidural steroid injection settlements, the legal aspects of these cases, and the steps you can take to secure fair compensation.
Understanding Epidural Steroid Injections
Epidural steroid injections are a common treatment for chronic pain, especially in cases involving herniated disc injuries, spinal stenosis, and severe neck and back pain. These injections are used to reduce inflammation and alleviate pain by delivering steroids directly into the epidural space around the spinal discs and nerves.
While many patients experience relief with these therapeutic spinal epidural injections, others suffer from complications which can sometimes be severe.
Common Complications from Epidural Steroid Injections
Epidural steroid injections are generally considered safe and effective to manage and relieve pain, especially in the lumbar and cervical regions of the spine.
However, like any medical procedure, they carry risks, and complications can occur. These complications can have a profound impact on your life and may necessitate legal action to secure appropriate compensation.
Here’s a breakdown of some of the most common issues that might arise:
Infections: Although rare, infections can occur at the injection site or, more seriously, in the epidural space. This can lead to meningitis or abscesses, which require immediate medical treatment.
Dural Punctures: Also known as a “wet tap,” this happens when the needle accidentally punctures the dura mater (a membrane that surrounds the spinal cord), leading to a leak of spinal fluid. This can cause severe headaches and, in some cases, more permanent damage.
Nerve Damage: The needle, or the steroid itself, can damage spinal nerves. This can result in increased pain, numbness, or even paralysis in severe cases.
Increased Pain: Some patients may experience worse pain after the injection than before. This could be due to nerve damage, incorrect needle placement, or a reaction to the steroid.
Paralysis: Though extremely rare, there are documented cases where patients have suffered from partial or complete paralysis due to complications from spinal steroid injections.
Corticosteroid Side Effects: Corticosteroid injections can have side effects that include elevated blood sugar levels, decreased immune function, stomach ulcers, and mood swings.
Arachnoiditis: This is a rare but severe inflammation of the arachnoid layer of the meninges, which can lead to debilitating pain and neurological problems.
If you are experiencing any of the following symptoms after receiving multiple epidural steroid injections, it is important to seek medical attention immediately:
Severe pain that does not improve with over-the-counter painkillers
Loss of sensation or movement in parts of your body
Signs of infection, such as fever, redness, or swelling at the injection site
Unexplained headaches, particularly those that worsen when sitting up or standing
Understanding the symptoms and implications of these complications is crucial. If you believe that your complications were the result of negligence or a mishandled procedure, you may have grounds for a claim.
Factors Influencing Epidural Steroid Injection Settlements
Severity of Injury
The nature and extent of the injury you’ve sustained play a crucial role in determining the settlement amount. More severe and long-lasting injuries typically result in higher settlements due to the increased medical expenses and prolonged pain and suffering.
Medical Expenses
Past and future medical expenses are a major component of any settlement. This includes costs for hospital stays, medications, follow-up visits, and any further medical treatments like extensive physical therapy or additional surgeries.
Loss of Earnings
If your injury has affected your ability to work, either temporarily or permanently, you may be entitled to compensation for lost wages and loss of earning capacity.
Impact on Quality of Life
The impact on your daily life, including your ability to perform routine tasks, engage in recreational activities, and overall enjoyment of life, also influences the settlement value.
Pain and Suffering
Compensation for pain and suffering is based on the physical and emotional stress caused by the serious injuries themselves. Chronic pain, anxiety, depression, and a reduced quality of life all factor into these calculations.
Legal Considerations in Epidural Steroid Injection Cases
Navigating a claim for complications arising from steroid injection treatment involves complex legal considerations.
Here are key aspects you should be aware of:
Negligence: Proving that the healthcare provider acted negligently in administering the injection or failed to warn of potential risks is critical.
Product Liability: If the injury was caused by a defective drug used during the injection, you might have a case against the manufacturer.
Statute of Limitations: In Nevada, you generally have two years from the date of injury to file a lawsuit. Therefore, it’s important to act promptly.
Steps to Take if You’ve Suffered Complications
Seek Medical Attention: Your health is paramount. Ensure you receive the necessary treatments, including any physical therapy sessions, to address any complications.
Document Everything: Keep detailed records of your medical treatments, symptoms, and how the injury affects your daily life.
Consult a Personal Injury Lawyer: An experienced lawyer can offer invaluable advice, help gather evidence, and represent you in negotiations or court.
Why Choose BLG?
If you believe your complications from an epidural injection were due to medical negligence or a faulty product, don’t wait. At BLG, we understand the physical, emotional, and financial toll that complications from epidural steroid injections can take on you and your family.
Our experienced personal injury lawyers are dedicated to helping you navigate the complexities of medical malpractice and product liability, including injury settlements with steroid injections, to ensure you receive the compensation you deserve. Contact BLG today for a free consultation.
We’re here to help you understand your rights and options with no obligation. Our goal is to help you achieve the best possible outcome and ensure your rights are fully protected.
Frequently Asked Questions
Q. What are epidural steroid injections?
A. An epidural steroid injection (ESI) is a common procedure used to treat inflammation around the spinal nerves, which can help relieve neck pain, arm, back, and leg pain caused by inflamed spinal nerves. The injection includes both a corticosteroid and a local anesthetic.
Q. Why might epidural steroid injections cause complications?
A. While steroid injections tend to be generally safe, complications can arise due to improper needle placement, reactions to the medications used, infection, or accidental puncture of the dura mater (the tough outer layer of the spinal cord), among other reasons. Each patient’s response to the injection can vary significantly.
Q. What are my legal options if I experience complications from epidural steroid injections?
A. If you’ve suffered complications from an epidural steroid injection, you might be entitled to compensation through a medical malpractice lawsuit. The basis of the claim would be that the healthcare provider deviated from the standard of care in administering the injection or failed to adequately warn about the risks.
Q. How do I prove negligence in epidural injection cases?
A. Proving negligence requires showing that the healthcare provider owed you a duty of care, that they breached this duty by acting negligently or recklessly, and that this breach directly caused your injuries. Documenting everything from the procedure details to follow-up care and gathering expert medical opinions is crucial.
Q. What kind of compensation can I expect from an epidural steroid injection settlement?
A. Compensation might include payment for medical expenses, both past and future, as related to the complication; lost wages if you’ve been unable to work; potential future earnings if you cannot return to work; and damages for pain and suffering. In severe cases, compensation for permanent disability or changes to lifestyle might also be awarded.
Q. How long do I have to file a claim for an epidural steroid injection complication?
A. In Nevada, the statute of limitations for filing a medical malpractice claim is generally two years from the date of the injury. It’s important to consult with a personal lawyer as soon as possible to ensure your claim is filed within these time limits.
Q. Should I accept an insurance company settlement offer?
A. It’s advisable to consult with a personal injury attorney before accepting any offers from an insurance company. Insurance companies often offer a lower settlement early on to resolve the case quickly. An attorney can help you assess whether the offer adequately covers your current and future needs.
Q. Can a lawyer help if I’m not sure whether my case is worth pursuing?
A. Yes, a personal injury lawyer can provide a detailed assessment of your case based on the specifics of your medical condition, the circumstances of your procedure, and the extent of your injuries. Most personal injury lawyers offer a free initial consultation, which can help you understand future medical needs and your legal options without any upfront cost.
1-800-870-8910