Complex Regional Pain Syndrome (CRPS) is a chronic condition that causes ongoing pain, usually in a limb such as the arm, hand, leg, or foot. This pain is worse than it should be given the actual injury that triggered it, and sometimes the pain occurs without any injury at all (it can arise after surgery, for example). The defining features of CRPS reach well past simple discomfort, making day-to-day life very difficult for anyone dealing with this condition. Common symptoms include:

• Severe pain beyond what would be expected from the original incident
• Temperature changes – either the limb feels really hot or really cold
• Touch, temperature changes, or even light pressure become nearly unbearable because of the sensitivity
• The color of the skin may change, often showing up as red, blue, or blotchy
• Decreased range of motion in the affected limb
• Changes in skin and nails

Recognizing these signs early can be crucial for better management.

How medical malpractice can lead to CRPS

Unfortunately, medical malpractice can play a role in the beginning or worsening of CRPS. When healthcare professionals fail to catch certain warning signs or make mistakes before, during, or after care, patients may face the burden of severe chronic pain that could have been avoided. Situations where medical mistakes may be connected to CRPS include:

Failure to diagnose or delayed diagnosis of an injury

Missing or ignoring signs of an early underlying injury opens the door to more serious nerve problems. When fractures, sprains, or soft-tissue injuries aren’t diagnosed promptly, they can progress without appropriate treatment.

Surgical errors that cause nerve damage

Surgery doesn’t always go as planned. If a medical professional damages your nerves, this may contribute to the development of Complex Regional Pain Syndrome in some cases, depending on the medical evidence. If nerves are damaged due to a deviation from the accepted standard of care, it may constitute malpractice.

Improper casting or splinting

How an injury is treated immediately makes a big difference in how it heals. Casting that’s too tight or applied without paying attention to nerves can cause damage rather than help the body heal. In these cases, nerves can be compressed or even undergo restricted blood supply. This could end up triggering CRPS. Improper casting may constitute malpractice if it falls below the accepted standard of care.

Lack of post-operative monitoring

Some patients don’t receive adequate oversight after surgery or bone setting. Regular follow-up visits can catch problems such as random pain, changes in skin color, or missed healing milestones – anything that would call for quick adjustments. When warnings of serious nerve pain develop after an operation and aren’t spotted, the window for the most effective CRPS treatment narrows. Failure to provide post-operative monitoring consistent with accepted medical standards may constitute negligence.

Failure to recognize early CRPS warning signs

Health professionals should identify normal healing pain and distinguish it from CRPS symptoms. Missing new or worsening symptoms, or attributing them simply to anxiety or healing pains, wastes important time where proper treatment could be the most effective.

Delayed referral to pain management specialists

When recovery gets complicated and healing isn’t going as planned, primary doctors, surgeons, or orthopedists should refer patients to a specialist. Unfortunately, they sometimes stall before doing this. Delays in making this referral allow the condition to worsen and become harder to treat.

What is considered medical malpractice?

Medical malpractice refers to a situation in which a healthcare provider who owes a duty of care fails to act as a reasonably skilled professional would under similar circumstances, and that failure causes patient harm resulting in damages. It isn’t enough for a treatment to simply have a bad outcome; the harm must connect directly to the provider’s negligent action or omission. It’s also necessary to prove that negligence actually caused the injury and that the injury resulted in harm, such as medical bills, pain, and a loss of enjoyment of life.

How to prove a CRPS medical malpractice claim

Proving that a medical professional is responsible for your CRPS can be difficult, in part because the condition is so complex and there are still questions about exactly how it occurs. That being said, it’s not impossible. Here’s what you can do to try to prove that a medical provider should be held responsible:

Provide medical records showing the timeline of care

All details about your diagnosis, treatments, doctor visits, hospital stays, medications, and any surgeries can outline what actually happened with your care. A well-documented medical file reveals when and how you developed certain symptoms, and can also show delays, overlooked diagnoses, or sudden changes that hint at possible errors. This timeline allows experts to begin linking your condition directly to a medical professional’s mistakes.

Expert testimony from medical professionals

Courts rely on outside doctors, pain specialists, or other qualified healthcare professionals to weigh in on whether a medical professional acted appropriately and in accordance with the standard of care. These experts explain what care should have been provided at each stage and identify mistakes that could have caused or exacerbated CRPS.

Work with a medical malpractice lawyer

Trying to handle a CRPS medical malpractice claim without legal guidance can be challenging, particularly given the complexity of these cases. You need to work with someone who has experience with this complex medical condition and with handling the legal elements of medical malpractice cases. The right lawyer understands the evidence needed to prove you are suffering from CRPS and how to show that a medical professional either contributed to the condition or made it worse.

Factors that affect CRPS malpractice settlements

Every CRPS case is different, but several common factors influence how much a CRPS malpractice settlement might be. In evaluating settlement value, insurance companies and legal counsel typically consider factors such as:

Severity and permanence of symptoms

Settlements are typically higher when CRPS causes constant, life-changing symptoms, especially if the pain and limitations are expected to last a lifetime. Ongoing disabilities, loss of limb function, or repeated hospital stays can all increase the amount of compensation offered.

Strength of medical evidence

The clearer your evidence is, such as complete medical records, accurate timelines, and statements from noted experts linking negligence to your CRPS, the stronger your case becomes.

Degree of provider negligence

Insurance companies also consider how serious and obvious a healthcare provider’s mistake was. Clear errors, such as a botched surgery or an obvious failure to notice classic warning signs of CRPS, may lead to a higher settlement.

Impact on quality of life

If CRPS leads to significant pain, decreased independence, anxiety, lack of sleep, depression, or the inability to work or enjoy former activities, compensation may reflect all of these losses.  Each CRPS malpractice case is unique, but the right lawyer can help you evaluate your claim and give you an overview of what you might be able to obtain.

If you’re dealing with CRPS and believe someone else’s negligence is to blame, you don’t have to go through this alone. With legal support, you can have an advocate to guide you through each stage of the process. The team at The CRPS Law Firm is always available to help you with your next steps. Reach out today to schedule your free case evaluation.