CRPS and Medical Malpractice, is There a Link?
There is a link between Medical Malpractice and Complex Regional Pain Syndrome.
Complex Regional Pain Syndrome affects every victim who suffers from it differently. Doctors estimate that 90% of those with a diagnosis of CRPS suffer from Type I (without visual nerve injury). The remaining 10% of victims of this suicide-inducing disease suffer from Type II (with a visual nerve injury).
Some readers may be unfamiliar with CRPS and the debilitating, unimaginable pain it causes. Therefore, we’ll first provide a brief review of CRPS. We’ll explain how specialists are able to reach a diagnosis of this “invisible” disease.
What is negligence?
Within this article we revisit an important topic here on our Shaked Law Resource: Medical Malpractice. In CRPS After Medical Malpractice we offer thorough insight on exactly what CRPS resulting from Medical Malpractice is. Usually Medical Malpractice comes down to negligence. Usually, a doctor is responsible for medical negligence. Negligence means the medical professional does not uphold their duty of care. The result of failing to uphold a duty of care, is pain and suffering, instead of healing and recovery.
In What Should Patients Do After CRPS Diagnosis? we explain:
[…]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.
Why are doctors ignoring CRPS patients?
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.
The devastating reminder of 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.
Why is accurate diagnosis difficult?
Many patients suffer CRPS due to Medical Malpractice for years before a clinical diagnosis is made. These patients visit multiple doctors, present with severe pain, and no one can pinpoint the cause. With little help available in the way of pain relief, patients often suffer from depression! When no one believes the pain is real, mental anguish sets in.
Does surgical error factor into Medical Malpractice?
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 suffer this negligence. With insurance companies making unreasonable demands, surgeons feel the pressure to complete a complex surgery in less time than medically necessary. Rushing through a medical procedure 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.
There are other instances when CRPS is not a risk factor of a surgery. For example, if there is proof that due to the surgeon’s negligence the end result is pain and suffering, this could be Medical Malpractice. Ultimately, the goal is recovering maximum compensation for the pain and suffering of the client.
Occasionally, a diagnosis of CRPS following certain surgeries 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.
Any possible surgical complication the patient is aware of prior to surgery, is not Medical Malpractice.
What kind of lawyer is necessary in CRPS cases?
A Board Certified lawyer is necessary. These are the lawyers that see CRPS cases to verdict, and as a result, maximum damages are recovered. Not every lawyer is equal. Not every lawyer has the experience to take on a CRPS case successfully. Clients should only sit down for a consultation with a Board Certified lawyer.