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crps after surgery medical malpractice

CRPS After Surgical Errors or Medical Malpractice

Demanding accountability and justice for CRPS caused by medical negligence

If you’ve developed complex regional pain syndrome (CRPS) after a surgical procedure or due to medical mistakes, you’re likely experiencing significant pain and feelings of fear and frustration. You went to the doctor to get care - not to get worse.

While surgery and other medical treatments can come with well-known risks, CRPS can develop as a result of mishandled complications and preventable errors. Sufferers may go from trusting their care team to suddenly feeling isolated and doubting the treatment they received. In these cases, legal remedies may be available. If your condition began after surgery and you believe negligence was involved, reach out to The CRPS Law Firm today for help.

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Table of contents

When CRPS may be linked to medical negligence

Sometimes, CRPS develops not because of unavoidable surgical risk, but due to avoidable medical mistakes. Understanding when CRPS is tied to negligence can help patients recognize if they may have a viable legal claim.

Surgical mistakes affecting nerves

Nervous tissue is extremely sensitive, and accidental damage during surgery, such as careless cutting or stretching, can cause CRPS to develop.

Improper use of tourniquets, injections, or implants

Errors during procedures - such as overtightening tourniquets, placing injections incorrectly, or using implants the wrong way - could damage nerves and blood supply, which could lead a patient to develop CRPS.

Failure to recognize or treat early CRPS symptoms

CRPS usually responds better when caught early. If doctors or staff miss common warning signs, delay pain management, or ignore symptoms you describe, they may bear some responsibility for the avoidable suffering you are going through as a result of CRPS.

Delayed referral to specialists

Early referrals to pain specialists or neurologists are often recommended for patients with suspected CRPS. Slow referrals may cost valuable time and complicate recovery. If this isn’t done, it could point to some level of negligence.

In order for CRPS malpractice cases to be successful, demonstrating more than the fact that you have CRPS is required. You need to relate the CRPS directly to what practitioners could have and should have done or not done.

Understanding informed consent and its impact on medical malpractice lawsuits

In medical care, “informed consent” is the process where your doctor explains the main risks, possible benefits, and different options before you agree to a treatment or procedure. The goal is to make sure you have the facts before you agree to treatment. This can come up in CRPS cases because medical professionals argue that CRPS was always a possible risk, and it wasn’t negligence that caused the condition.

Informed consent does not excuse all medical errors

However, signing a consent form or agreeing to a procedure does not mean the medical team does not have to provide adequate care. If something does happen because of a preventable mistake - whether it’s a surgical error, a failure to follow accepted medical practices, or not managing post-op problems properly - signing an informed consent form does not prevent them from being held accountable.

Patients have the right to receive safe and competent care, regardless of the risks they have agreed to accept. If you or a loved one developed CRPS after medical care, you may still have legal options, even if you signed a form acknowledging that there were risks. Legal advice can help clarify what you’re entitled to, and help you figure out if you can take action or not.

Why injured patients rely on us for CRPS developed after surgery errors and medical malpractice

CRPS following surgery or due to a medical mistake requires distinct knowledge not just of pain disorders, but of how medical professionals and hospital systems defend themselves. Many clients choose our firm for these issues.

 

  • Our founder, Bryan Pope, has served and continues to serve in a leadership role with the Reflex Sympathetic Dystrophy Syndrome Association.
  • He has been called upon by the Reflex Sympathetic Dystrophy Syndrome Association (RSDSA) and legal conferences to share his insight and knowledge.
  • We understand the deep uncertainty that comes with CRPS after surgery, so we are meticulous in documenting harm and helping you hold providers accountable.

When you work with us, we can fight to help you obtain a positive outcome.

Proving causation in CRPS malpractice cases

Connecting complex regional pain syndrome to medical negligence is rarely straightforward. CRPS can occur even after routine procedures, so demonstrating that malpractice actually caused the condition raises medical and legal obstacles.

The role of medical records, timelines, and symptom onset

Detailed health records are critical. Attorneys and medical experts closely review the timeline, including when symptoms first appeared, the procedures performed, and whether signs of CRPS emerged directly after a specific event. When CRPS symptoms appear immediately or soon after a medical procedure, the timing can suggest that the condition was triggered by the manner in which the procedure was performed or managed.

Importance of expert testimony

Successful cases nearly always depend on well-qualified experts such as pain management physicians, neurologists, or surgeons. These specialists can clearly testify how poor decisions or overlooked symptoms led directly to CRPS, translating your complex medical details for a judge or jury.

Addressing defense arguments that CRPS is bad luck or unavoidable

Hospitals and doctors often argue that it’s just bad luck when someone develops CRPS. While this may be partially true, that doesn’t mean negligence didn’t play a possibly significant role in the outcome. To counter these claims, we show that the care you got deviated from the accepted standard of care.

When the evidence indicates that CRPS developed due to improper care, it reframes the case from an unavoidable complication to a preventable medical error.

Why CRPS cases require experienced legal representation

CRPS lawsuits can quickly become overwhelming, even for people familiar with injury claims. The medical science behind CRPS is complicated, and insurance companies or hospital lawyers often argue the condition “just happened” regardless of anyone’s actions. Having a lawyer on your side who truly understands how CRPS develops and what medical mistakes may have contributed to its progression can make all the difference.

A skilled CRPS lawyer does more than file paperwork. They know how to collect medical records, compile timelines that clearly show what led to CRPS, and collaborate closely with pain specialists or other experts. Most importantly, they communicate your side in language that adjusters, judges, and juries understand.

Representing CRPS victims of medical negligence across the U.S.

If you or a loved one developed CRPS after a surgical error or medical mistake, you can reach our team from anywhere in the country. We represent CRPS clients from coast to coast, fighting for justice no matter your location (working with local counsel as required). Speak with us now to learn how we can help you find answers.

Speak with our CRPS medical malpractice lawyers today

CRPS that occurs after a medical mistake is difficult to deal with, physically and emotionally. We trust our doctors to do everything possible to treat us properly, and we expect to feel better once we receive treatment. When this doesn’t happen, you may be able to take legal action.

We’re here to listen, gather medical evidence, and build a case focused on holding negligent parties to their responsibilities. Call us today or complete the contact form on our website to schedule your free consultation.