CRPS and Medical Malpractice: What’s the Link?

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There is a link between Medical Malpractice and Complex Regional Pain Syndrome.

Complex Regional Pain Syndrome  affects every victim who suffers from it differently. Although no less painfully. Doctors estimate that 90% of those with a diagnosis of CRPS suffer from Type I (without visualized nerve injury). The remaining 10% of victims of this suicide-inducing disease suffer from Type II (with a determinable nerve injury).

Some readers may be unfamiliar with CRPS and the debilitating, unimaginable pain it leaves its’ victims in. Therefore, we’ll first provide a brief overview of CRPS and explain how specialists are able to reach a diagnosis.

What is negligence?

Within this article we revisit an important topic here on our Law Resource Blog: Medical Malpractice. In What Type of Spine Injuries Delay Recovery? we offer thorough insight on exactly what CRPS resulting from Medical Malpractice is. We also discuss how victims may have a right to litigation if a healthcare professional is found to be negligent. Negligence means the medical professional does not provide safe or adequate care. The result is pain and suffering instead of healing and recovery.

In Complex Regional Pain Syndrome: Prognosis Varies, But Early Diagnosis Can Offer a Chance at Restored Function we explain in detail:

[…]CRPS, or Complex Regional Pain Syndrome, is what was formerly known as RSD. CRPS is a pain disorder and considered to be permanent, or as medical professionals often refer to it: “chronic”. There are several ways a person can develop Complex Regional Pain Syndrome. CRPS can develop because of medical malpractice such as a surgical error, or can be sustained from an accident. Regardless of how they developed the condition, it’s considered to be one of the most excruciating, permanent afflictions a person can suffer from.

Why are CRPS patients being ignored by doctors?

According to medical professionals with longstanding research in the field of the presentation of Complex Regional Pain Syndrome, there is not a single test that can accurately confirm a diagnosis. Thus, it’s become known as a “diagnosis of exclusion”. This is what physicians normally refer to as “clinical diagnosis”. A clinical diagnosis is only available when there is no adequate or standard medical test available to accurately confirm or deny the patient’s symptoms.

CRPS and Medical Malpractice: What's the Link?

An example of CRPS from Medical Malpractice is an improperly performed blood test, causing nerve damage. ©BigStockPhoto

Life before CRPS

It’s possible for a patient to have been completely healthy prior to a diagnosis of CRPS. CRPS can be the result of Medical Malpractice or Medical Negligence. An example of CRPS from Medical Malpractice is an improperly performed blood test, causing nerve damage. There are several rare diseases which present themselves with a side effect of CRPS. These are rare diseases such as Marfan Syndrome and Ankylosing Spondylitis (a rare form of spinal arthritis with an early 20’s onset). However these cases do not constitute Medical Malpractice and are extremely rare. Rare diseases causing CRP show up in less than a small fraction of the population.

Accurate diagnosis is difficult

Many patients suffer CRPS due to Medical Malpractice for years before a clinical diagnosis is made. These patients visit multiple doctors, and none of them can accurately pinpoint the source or the cause of the pain. With little help available to them in the way of pain relief, these patients often suffer from depression! When no one believes the pain is real, mental anguish sets in.

What surgical errors factors into Medical Malpractice lawsuits?

CRPS and Medical Malpractice: What's the Link?

For many patients that have suffered CRPS due to Medical Malpractice, it’s often a years-long odyssey for a diagnosis while living in severe, life-altering chronic pain before an accurate confirmation of CRPS can be made, and therefore treatment can be provided. ©BigStockPhoto

Every surgeon should treat each patient as if it’s their own family. This means with a duty of care. However, doctors make mistakes, and patients come to harm. With insurance companies making unreasonable demands, surgeons feel the pressure to complete a complex surgery in less time than medically necessary. Practice of rushing medicine leaves room for error. Errors in medicine leave patients with grave injuries.

Errors in judgement

Sometimes a surgeon makes an error in judgement. This could be the decision to speed through surgery. If the doctor acts in a manner that’s careless in respect to patient care, this may become grounds for litigation. As we always make clear here on the Blog: a lawyer with experience is the only person who can provide legal advice a client. A lawyer with Board Certification can advise best in cases of Medical Malpractice CRPS.

Risk factors

Occasionally, a diagnosis of CRPS following certain surgical procedures is a complication a patient is aware of. CRPS is a risk in surgeries dealing with broken bones. It’s especially common in those in the hands where the nerves are numerous. If this is the case and the patient is aware of such risks, then a claim of Medical Malpractice is not an option.

CRPS injuries must be tried by the pros, Miami accident lawyers

There are other instances when CRPS was not a risk factor of a surgery. In these instances, if there is proof that due to the surgeon’s carelessness or negligence the end result was pain and suffering there may be grounds for litigation. Ultimately, the hope is that compensation can be awarded on behalf of the client in these cases.

Double Board Certified Civil Trial Lawyer Sagi Shaked Esq has years of complex CRPS case experience.

Here on the Law Resource Blog, we’re known for telling the whole truth about everything the insurance companies are hiding! Our daily informational articles are here to help accident victims obtain the justice and compensation they deserve. We offer factual, fully lawyer-vetted articles with helpful information to help on the road to physical and financial recovery.

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