I gave birth to my daughter this last February. I had made it known to my doctor months before my due date that I wanted an epidural when I went into labor. When I arrived at the hospital, it was 6:30am and I was already in hard labor. My doctor came in and ordered my epidural. The nurse then informed me that the computers in their lab had been down since 9:00pm the night before and they were going to have to do my blood work (platelet count) for the epidural by hand, so it might take a little bit longer. Four hours later she informed me that I wouldn't be getting an epidural and she broke my water with her fingers (extremely painful) which she is not legally allowed to do in the state I live in. My doctor came in just as it was time for me to deliver. I was in extreme pain and yelling at him to help me. The nurse informed him for the first time that I had not received the epidural he ordered. I delivered my daughter an hour later. The experience was traumatizing to everyone in the room, except the nurse. My husband and I had talked about having more children but because of this horrid experience I will never have any more children. My complaints are:

I should have been informed when I was admitted to the hospital that morning that the computers were down and there was a chance I wouldn't get an epidural. I would've gone to the hospital that is less than one mile away so I could have delivered my baby the way I wanted to, with an epidural.

My doctor should have been informed that the epidural wasn't given to me.

My nurse shouldn't have broke my water.

By the way... I have done an extremely poor job of describing how horrid this situation really was. I feel like such an injustice was done in forcing me to have my child this way. My daughters birth experience should be remembered as an amazing experience and now I am traumatizing with this unbelievable situation. I will never consider having more children. I have three girls right now and my husband really wants to try for his boy. All I wanted was the opportunity to go to another hospital since the one I went to wasn't able to give me an epidural. I was at a point in my labor were I could have very easily got in my car and gone to a different hospital. But they never gave me the chance because they didn't inform me of the circumstances with the computers. Also, not all hospitals require a platelet count for an epidural. I hadn't ever had that required before and I have had two previous epidurals, with no complications.

You didn't ask a question!

So, you had to have a baby like millions of women who don't have access to advanced health care. You and the baby are fine, there is no malpractice.

If you had been so concerned about having an epidural beforehand then the impetus was on you to call ahead and make sure that it would be available. Unless you had a contract with your doctor that he would give you an epidural regardless of hospital issues, I don't see where you have any case.

You might have been able to go to the other hospital, but are you sure your doctor would have been allowed to deliver there? Doctors have to have the proper certification to work in certain hospitals, they can't just walk in and do as they please. How do you know they wouldn't have experienced a similar difficulty?

I have to agree with Em here.

My last 2 pregnancies went so fast there was not a chance for an epidural. There is also no permanent damage to you or baby, so your chances of winning anything are very slim to nothing.

I'm sorry you are probably not getting the answers you wanted, but they are true. Getting an epidural is not a right, it is a privilege. Many women all over the world don't even get the option of drugs for delivery. I'm also sorry for you that something so natural was so traumatic. If what you said was true about the nurse breaking your water is illegal in where you live, you should file a complaint with the hospital. But like Emland said, if you wanted it so desperately you should have called ahead. As long as you and your baby are healthy, then that's all you should be concerned with. And I hate to be harsh, but if the delivery was that bad for you, maybe having another baby is not an option for you, like you said.

I think some people are being a bit harsh... some of the facts not mentioned above are:

She had many discussions ahead of time about the epidural with her doctor and she was assured she could have one. No one could foresee the computers being down however...

During the wait for the lab to process the blood by hand the nurse said "I am checking on the results so we can get your epidural. They are just being slow down there." And making comments like "they are just taking their time."

The hospital she chose was one that promotes themselves on being a big advocate for pain management. And they did not manage the pain.

Throughout the entire process she was never told "I am sorry we will not be able to get you the epidural". They did keep saying "we are getting it, hang on, its coming".

The other hospital she spoke of her doctor did have staff rights at or she would not have mentioned it as an option. But again the hospital she chose had such a reputation for pain management.

None of this may be in fact found to be legal reasons for malpractice but some people could use to have a little more empathy. We know how it was back in the day and we know that childbirth is painful. For some it can be excruciating. However, when you are promised or even just misled to believe that one course of action can and will be taken there is something at least ethically wrong with not being honest when it can't happen. And the reason for that is for no other than the lack of due diligence on the part of the people who are to make it happen.

I think some people are being a bit harsh....

Nobody is trying to be harsh, but sometimes unforseen circumstances do happen.



she had many discussions ahead of time about the epidural with her doctor and she was assured she could have one. No one could foresee the computers being down however...


Like I said unforseen circumstances.



during the wait for the lab to process the blood by hand the nurse said "I am checking on the results so we can get your epidural. They are just being slow down there." And making comments like "they are just taking their time."

As a nurse in training I know that we are taught therapeutic communication. Now, if the nurse told her that all systems were down and that this was being done by hand, she would have panicked. We have to attempt to keep the patients calm at all possible costs.



Throughout the entire process she was never told "I am sorry we will not be able to get you the epidural". They did keep saying "we are getting it, hang on, its coming".


Again, she might have panicked and we have to control the situation. If she began to panick both her and the baby could have been at risk for complications.


We know how it was back in the day and we know that childbirth is painful. For some it can be excruciating.

Not just back in the day but this day in age too.


there is something at least ethically wrong with not being honest when it can't happen. And the reason for that is for no other than the lack of due diligence on the part of the people who are to make it happen.

I do see your point, however, when caring for a woman in labor, the nurse must attempt to keep her patient as calm as possible. And telling the patient that the computer systems were not up and that she probably would not get her epidural, so forth and so on, can cause undue fear and pressure on the woman. High blood pressure can set in with panic and that is not good for the baby.

Now, I do suggest that she report the nurse who broke her water to the Nursing Staff Manager at the hospital, as this was uncalled for, unless of course the particular nurse in question did have the advance education to perform this particular procedure.

Nobody is trying to be harsh, but sometimes unforseen circumstances do happen.



Like I said unforseen circumstances.



As a nurse in training I know that we are taught therapeutic communication. Now, if the nurse told her that all systems were down and that this was being done by hand, she would have panicked. We have to attempt to keep the patients calm at all possible costs.



Again, she might have panicked and we have to control the situation. If she began to panick both her and the baby could have been at risk for complications.



Not just back in the day but this day in age too.



I do see your point, however, when caring for a woman in labor, the nurse must attempt to keep her patient as calm as possible. And telling the patient that the computer systems were not up and that she probably would not get her epidural, so forth and so on, can cause undue fear and pressure on the woman. High blood pressure can set in with panic and that is not good for the baby.

Now, I do suggest that she report the nurse who broke her water to the Nursing Staff Manager at the hospital, as this was uncalled for, unless of course the particular nurse in question did have the advance education to perform this particular procedure.

... ummm she was told the computers were down, it would have to be done by hand and they were being slow in the lab.

My bad, I did miss that part...

Please excuse me, my brain has not recovered from final exams yet

Ok, she did not get the treatment the way she wanted, and she had to have natural child birth.

To have a legal case for malpractice, you have to find a case to prove they did something that was wrong, something that caused damage or injury
* thus a money amount to ask for
The plain fact is they did a natural child birth method, not what you wanted but a medically acceptable child birth, and you had no ill effect because of it. And to many people, this was the better medical procedure, because there are some that will talk against what you wanted for the pure natural.

Whle I am sorry you had to have the pain all women who do natural child birth feels, but it is not considered wrong to do it this way,

There is just no legal standing for a law suit. I am sure you can find a attorney that for 1/3 of what you get will try and sue hopeing the insurance company will settle. But is there a real case, no not really.

Computers go down.
Nurses can break water.
Women give birth naturally.

Yes this may have been a big disappointment to you. This is not have you wanted to give birth to your child. You expected to be pain free or aleast relieved of some of the pain and it didn't happen as planned. It happens! I don't think that anyone, doctors, lab techs, or nurses, was trying to hurt you or your child. I don't think that they wanted to see you in pain. But it happened! You and your child are healthy and well. Think of all the women that go to the hospital with all the same expectations that you had and leave with no child due to some complication that no one foreseen. It happens! No one is perfect, docs and nurses alike.

Someone used the term "back in the day"... Well with today's advances there are unforeseen complications and computers are one of them! A lot of businesses, everyday people, and hospitals can't function smoothly with out them... and yes, I agree they should be able too. It is complicated when you get a brainless machine involved with someone's health problems or pain management.

I understand that your experience was not what you expected, but the result was the same. The only thing that changed was the way you viewed it.

Good Luck and God Loves You!

They neeed to do a cbc [ blood count ] to make sure that you have an adequate number of platelets. These our crucial in the clotting process.

IF your platelets were low , a needle in your spinal cord COULD have caused uncontrolled bleeding , POSSIBLY compressing and damaging your spinal cord. Worse case scenario you would be a paraplegic.

I presume your child is healthy?

No one could foresee the computers being down however... during the wait for the lab to process the blood by hand the nurse said "I am checking on the results so we can get your epidural. They are just being slow down there." And making comments like "they are just taking their time."

My point in making that statement was not to invalidate the reasons for therapeutic communication by saying that they are working on getting the epidural. That I do agree is necessary but that the nurse should not have told the patient that the lab is basically lagging about on purpose.

I think it should also be said that she is not looking to sue for the purpose of money or anything. She just wanted to know based on the events whether this is a case of medical malpractice. She knows what she wanted to happen/what did happen and how she should feel/how she does feel about it all. She was just wanting the legal take on the situation.

I can sympatize with her, as I have had a similar situation with my 2 youngest children. I, like her, was given the promise of the epidural and did not get, which I had with my oldest 2 kids. Childbirth was painful yes, but unbearable no.

Now, I am not saying that every woman's level of pain is in any way shape or form the same as I am the biggest baby when it comes to pain.

However, as stated, there is nothing that can be done because there is no permanent damage done to mother or child.

If mama and baby are fine then there is little to be done other than report the nurse who broke the water and have her disciplined if she did not have the proper license to do this procedure.

Is it sad that she now feels this way? Yes, it is terrible, and my heart goes out to her. Other than sympathizing with her, there is sadly nothing that can be done.

Just an FYI...

Did you know that the doctors and nurses who get sued for malpractice the most are the ones that typically have a terrible bedside manner? Yup, there are some doctors and nurses out there who are practicing that should not be, but because they were likeable by their patients they continue to practice even after some terrible circumstance.

Now, I am not saying this is the case here. This was just a litte fact I learned in school last year.

Momof3girls disagrees: It's not that I didn't get an epideral I understand that and millions of women have natural labor, it's that they didn't offer me the choice of going somwhere else, knowing there was a good chance I wouldn't get one.


I understand this is not what you wanted, but my point is... This could have very well happened at the other hospital too. The doctors and nurses can not control the lab and they don't know how long it will take them. The local hospital lab where I live is extremely SLOW! The doctors can't control that. The doctor assumed that you would have your epideral after the labs came back, but the labs didn't until it was too late.

Who would you sue? The doctor? The lab? The nurse? The hospital? Or All?

There are states that have trouble keeping ob/gyns because malpractice is so high, they can't afford it! I think if you were mistreated or harmed (physically) on purpose you should sue everyone you can! But if it was because you didn't get your pain meds... Please!! Why drag all this through court? You are both fine and healthy! I believe the doctor did his job! He didn't intentionally hurt you, so why try to hurt him?

I have three children myself and all natural, no meds! I had my first at 17 yrs old. I seen my friend give birth with an epideral and the doctor had to wake her up to push! Yes, child birth is unbelievably painful, but it is also a true blessing to go through. All the pain was worth it and I would go through it again!

What if you wouldn't have made it to the hospital that day and delivered in a Wal-mart... would you sue them too?

I know I am being a little harsh, but you need to suck it up and move on! It happened, it sucked, and it is over... all is well! You are trying to make something ugly out of a blessing. Do you truly want to go through all the court stuff for a little buck? It is not going to change anything... It's done! You are choosing to make this a tramitizing experience.

I never said anything about sueing anybody. I was just curious from a legal standpoint if Failure to Provide Treatment would apply. I'm not sue happy and I wasn't planning on taking advice from this website and deciding to sue or not. I wasn't just asking for any moms opinion on my labor, but thanks anyway. I think that natural labor is something really amazing to go through, if you choose that. I am really proud of you for having your kids with no meds. That's great. I don't know why you are saying things like suck it, move on... when you weren't there and you're not giving me any sort of legal opinion, which is what I was looking for.

I think it should also be said that she is not looking to sue for the purpose of money or anything. She just wanted to know based on the events whether or not this is a case of medical malpractice. She knows what she wanted to happen/what did happen and how she should feel/how she does feel about it all. She was just wanting the legal take on the situation.

Whiteladybug2002 you should have paid better attention to the posts. You assume she has any intent to harm anyone with a suit and then proceed to read her the riot act. Telling her to "suck it up" is not only cruel but insensitive. We are all here to learn and gain information for a variety of reasons. Or share anything we can that may be helpful from our own experiences not to put people down.

Momof3girls,

Your right! I didn't answer your question, so I shouldn't have posted the way I did and I apologize. I did get off on a little rant, because I felt you were wanting to sue just for money. That did bother me. I took it personal and I am sorry.

I am sorry you had to go through this type of experience, it is your right to choose your treatment. But in all honesty, personal feelings aside, I don't think you would have much of a case, because they did treat you and your child. They should have let you know that there could be a chance the lab wouldn't have your results back in time for the epideral, so you could have the option to go to the other hospital.

I apologize again for my previous post that did nothing to answer your question and I am sorry if I offended you.

Good Luck and God Bless You!

1: Obstet Gynecol. 2002 Jul;100(1):177-91. Links
ACOG Practice Bulletin. Clinical Management Guidelines for Obstetrician-Gynecologists Number 36, July 2002. Obstetric analgesial and anesthesia.Goetzl LM; ACOG Committee on Practice Bulletins-Obstetrics.
Labor results in severe pain for many women. There is no other circumstance in which it is considered acceptable for a person to experience untreated severe pain, amenable to safe intervention, while under a physician's care. In the absence of a medical contraindication, maternal request is a sufficient medical indication for pain relief during labor. Pain management should be provided whenever it is medically indicated. The purpose of this document is to help obstetrician-gynecologists understand the available methods of pain relief to facilitate communication with their colleagues in the field of anesthesia, thereby, optimizing patient comfort while minimizing the potential for maternal and neonatal morbidity and mortality.

PMID: 12100826 [PubMed - indexed for MEDLINE]

The above is just an abstract.

#1] what do you hope to accomplish IF you do have a legal case?
#2] If it is not for money, and if you find a lawyer who will take the case for " no money," and you do "win," will that take the pain away?
#3] have you spoken to the doctor and / or nurse about this? Do you want an apology?

tawnynkids disagrees: Rude and assuming. Her doctor did have rights at the other hospital, so she could have gone there. Momof3girls said that she was told shortly after arrival that the computers were down and that things were going to be slow. Why didn't momof3girls insist on being transported to the other hospital immediately?


And she was assured by her doctor upon arrival to the hospital that she could and would receive the epidural.
That was before the nurse informed him of the computer problem according to the OP. The order is only valid after the blood count is verified - had it come back with results that would not allow an epidural, would you still be upset?

I will assume even further. I will assume momof3girls wasn't at the hospital by herself. Why didn't someone in her party ride the nurse and the lab rats until the meds were delivered?

Did you ask why the nurse felt the need to break your water? Perhaps the baby was in distress and someone needed to act. I can tell you about 3 friends of mine whose babies were left in the birth canal too long and developed various degrees of cerebral palsy. Their kids play Challenger baseball with mine. My son's condition didn't allow for medication and after I labored 20 hours an emergency c-section was performed. I was put completely under and although I didn't feel a thing - I also didn't witness my child's birth. 20 hours of labor without meds and I didn't even see my child until he was 4 hours old. It sucked - I cried - I complained that I was cheated. But you know what? Sometimes sh*t happens.


You neeed to read a little better. I read just fine.

Read again Em... it says "The nurse then informed me that the computers in their lab had been down". They informed her NOT the doctor he would have already known.

I can tell you about 3 friends of mine whose babies were left in the birth canal too long and developed various degrees of cerebral palsy. Their kids play Challenger baseball with mine. My son's condition didn't allow for medication and after I labored 20 hours an emergency c-section was performed. I was put completely under and although I didn't feel a thing - I also didn't witness my child's birth. 20 hours of labor without meds and I didn't even see my child until he was 4 hours old. It sucked - I cried - I complained that I was cheated. But you know what? Sometimes sh*t happens.

And your point would be what? She did not have a complication that forced any emergency action. And just because "things happen" doesn't always mean they HAD to happen. She, for no other reason, just wanted to find out if what happened to her was completely legal so that if it wasn't maybe she could help it from happening to someone else.

At any rate... you fail to see the point. She was not asking for your opinion on her experience or yours just specific LEGAL advice. That is ALL she was seeking ever. In case you haven't been reading that has been stated many times already.

First- there are two posters who keeping adding information that MOM didn't mention in her first post. If MOM wants to get a realistic answer, then this additional information should have been provided by Mom.

Now- in my opinion- there are no ground for medical malpractice.

First- how was going to provide the epidural? Staff nurses don't do that. Nurse anesthetists or anesthesiologists do that. And if the NA/Anesthesiologist didn't have the appropriate lab work with the correct lab values, they aren't going to do the procedure. And it would be up to them, not the L&D staff nurse to tell your OB doc.

Second- you said you were in "hard labor," but you didn't say how far you had dilated. Most places can't do an epidural if you are more than 6cm dilated. So as a woman who had previously had two children and was in "hard labor," it was possible that even with the lab results, you had progressed to a stage that an epidural wasn't feasible.

Third- as a consenting adult, responsible for your own health care, you had the right to say- "if this is going to take longer than XXXXX time, I want to be transferred to ABC Hospital."

Fourth- you didn't say if they offered you any other type of pain management. I worked L&D. I know that there are other things you can have, both IV and/or IM to diminish some of the discomfort of labor. You (and your posting defenders) failed to mention if you were offered and received or refused any other medications.

Last- membranes rupture. They can rupture at any time, and in advanced labor, often do rupture when the mother-to-be is being given a vaginal exam. Did the nurse say "I'm going to rupture your membranes," or did it happen during an exam, and she said "Your water broke."

When it was all said and done, did you have a healthy baby? Enough said.

Look, everyone is getting a little personally pissy here (myself included). Her "other defender" and I were only attempting to help fill in some blanks, so that everyone who could offer valid legal advice might know all of the facts. Not to offend anyone. And I apologize to those who feel I have offended you personally in any way.

She has since received the information she was seeking and this post is basically dead.