CALL FOR A

FREE CONSULTATION

(800)790-5422

REQUEST FREE CONSULTATION

START YOUR CASE NOW

100% FREE CASE REVIEW

CRPS Caused by Surgical Errors – Medical Malpractice Lawsuit

CRPS Medical Malpractice Lawyer
Every year thousands of individuals are diagnosed with complex regional pain syndrome (CRPS) or Reflex Sympathetic Dystrophy (RSD) caused by a surgical error. Improper medical care can take place in hospitals, emergency rooms, physical therapists, dental procedures, epidural injections, negligence in placing IV’s and needles, and cosmetic surgeries performed by plastic surgeons. Victims of CRPS (or RSD) injury due to the negligent or misconduct of medical professional has the right to seek out restitution for all harms suffered. If you have any further questions regarding the filing of medical malpractice personal injury lawsuits, feel free to contact our talented Los Angeles, attorneys. At Normandie Law Firm we can help you sue the hospital or sue the doctor for medical negligence or medical malpractice.

CRPS and RSD and The Symptoms
CRPS and RSD are considered neuro-inflammatory disorders that are typically triggered by direct or indirect injury to the nervous system. Almost all CRPS and RSD sufferers experience is far more severe than the pain of the initial injury that caused it. Unfortunately for victims of this neuroinflammatory disorder, there is no cure, and the required treatments can amount to significantly high medical expenses. Early diagnosed cases of CRPS and RSD tend to lead to better outcomes, however, diagnosing this disorder can be challenging, and no one case is ever the same. Below is a list of some of the symptoms CRPS and RSD sufferers can experience.

  • Abnormal hair or nail growth
  • Skin Discoloration
  • Pain that has a nature of being deep, aching, cold, and burning
  • Increased skin sensitivity
  • Pain from something that should not cause pain, like the touch of clothing or a shower
  • Continual pain
  • Abnormal swelling of the affected area
  • Abnormal skin temperature
  • Limited range of motion
  • General muscle weakness
  • Motor Function disorders like paralysis

CRPS and RSD can affect anyone and everyone, however, is more common in women than men. The causes of CRPS and RSD come in two varieties.

  • Type 1: considered the most common form of CRPS, 90% of those affected by the disorder have been diagnosed with this kind of CRPS. This tends to occur when an injury does inflict direct harm to the nerves.
  • Type 2: is caused by an injury that inflicts direct damage on the nerves and is often referred to as causalgia.

In all cases of CRPS and RSD, an individual was diagnosed after suffering from a physical trauma to an extremity. The type of injury can vary from car accidents, slip, and fall accidents, or in the case of this article, medical malpractice. While less common than the other typical traumatic events, the pain experienced by those who suffer from CRPS due to an operation is just as severe. If you or a loved one has been diagnosed with CRPS because of a medical mistake, then you may require legal assistance from one of our medical malpractice attorneys.

Liability – Establishing Medical and Surgical Malpractice

Medical malpractice takes place when a deviation from the standard of care (or duty of care) of the medical doctor results in harm to the patient. There are several elements which need to be established to prove a basis for medical malpractice in the state of California.

  • Duty: Medical professionals owe a duty of care set by the medical community they are members of.
  • Breach of a duty A breach of duty takes place when a medical doctor fails to follow the steps required to provide for proper treatment of a patient.
  • Causation: When a violation of the duty of care is the cause of the injuries suffered.
  • Injuries: The harm caused to the victims is identifiable and discernible.

In regards to CRPS or RSD diagnosed because of an emergency room error or any other kind of medical negligence, suing medical malpractice can be more challenging to prove than other types of personal injury. The reason why proving medical negligence in cases of CRPS and RSD diagnoses is difficult is because of the mystery surrounding the disorder itself. Medical professionals still do not know the full nature of the disorder, which makes medical negligence lawsuits of CRPS and RSD immensely complicated. This is made doubly so for type 2 CRPS sufferers because causalgia is considered unlikely to occur as a result of a surgical procedure.

Proving medical negligence or malpractice in an RSD or CRSP lawsuit requires a medical opinion to form a strong case. In regards to RSD or CRSP, however, there are many differing medical opinions that make building any single argument difficult. Some doctors consider CRPS a vague condition without any real cause, while others believe that this disorder is a very real problem that needs to be properly considered. It is likely too that the jury will become confused by the variety of medical opinions. If the plaintiff cannot accurately prove the severity of their condition then the case cannot be won in their favor.

Although that is not to say successful medical negligence RSD and CRSP lawsuits don’t happen. Type 1 and 2 CRPS or RSD caused by medical malpractice can occur during medical procedures as trivial as having your blood drawn to serious mistakes made in the emergency room. However, proving your case may require more legal expertise than any other medical negligence suit. It is highly recommended you hire a well versed medical malpractice lawyer for your surgically caused CRPS or RSD lawsuit, as representing yourself is likely to result in a failed case.

Compensation Available for Victims
Individuals who have suffered harm due to the actions of others are entitled to full and just recovery for all damages incurred. There are several significant factors which can play a major role in determining the value of a personal injury claim. A list of specific factors about a settlement of a medical malpractice claim is provided below.

  • The particular type of injuries suffered by the patient.
  • Future medical and rehabilitation care – individuals suffering from CRP often require lifelong rehab and health care.
  • Assignment of liability against the defendants.
  • Availability of assets and or insurance policy limits of the liable party.
  • Availability of punitive damages – punitive damages can be awarded when the at fault party acted with the intent to cause harm or acted in reckless disregard for the life and health of the at fault party. (Note: Punitive damages are regarded non-economic damages and limited to $250,000 in the state of California).
  • Loss of wages and loss of future salary and earnings.
  • Non-economic damages – in the state of California noneconomic damages are limited to $250,000. Such damages include pain and suffering and emotional trauma.

Attorney Consultation Available
If you or a loved one has been diagnosed with CRPS as a result of medical malpractice because of negligence or misconduct of a medical professional, you may be eligible to earn compensation for your endured damages. You shouldn’t be left alone to deal with the severe and chronic pain that CRPS causes, nor the incurring medical expenses that are bound to follow the diagnoses. At Normandie Law Firm we have some of the most well versed personal injury lawyers in Los Angeles who will stop at nothing to win your case.

As a service to our clients and a commitment to you and your case, we operate on a zero fee guarantee policy. Our belief is that our clients shouldn’t have to pay for any fees until your case is won. If we don’t win your case, you don’t owe us money. If you need a second opinion, please feel free to contact our law offices. Our zero fee guarantee policy also allows for 100% free of charge second opinion case reviews. So please, don’t hesitate to give us a call.

Further Information:

CRPS Lawsuit Information

Medical Malpractice Claims



 

 

 

 

 

© 2017Normandie Law Firm