Failure to Diagnose CRPS Lawsuit Attorney

A missed or misdiagnosis of Complex Regional Pain Syndrome (CRPS) can worsen your condition due to delayed treatment. A doctor’s failure to diagnose and treat conditions like CRPS may be grounds for a medical malpractice lawsuit. The lawyers of Normandie can help you file a claim and obtain the compensation you rightfully deserve.

Sadly, many people deal with the agony of complex regional pain syndrome that is undiagnosed for too long. Alternatively, CRPS may be diagnosed as a different condition (misdiagnosis), so whatever treatment they are receiving is ineffective. In the meanwhile, the pain, stiffness and other symptoms get worse until the patient is left with irreversible damage.

Under California law, victims of negligence or reckless conduct by a medical professional have the right to file a claim for damages. Our law firm is here to help you navigate the system and ensure that the responsible parties take accountability.

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What can Cause a Misdiagnosis of CRPS?

It’s possible for CRPS to be diagnosed as another condition, as the symptoms tend to mimic various other health issues. Thus, it’s not unusual for patients to initially receive a diagnosis of nerve damage, arthritis, or a mental health disorder. It doesn’t help that some doctors fail to listen to their patients or take them seriously, and this leads to a situation where the real issue is overlooked.

Another problem has to do with the fact that symptoms of CRPS can vary significantly from one person to another. Physical indications of CRPS include:

• Throbbing or burning pain

• Skin discoloration

• Sensitivity when touched or feeling something on the skin

• Unexplained fluctuations in temperature

• Change in your hair or nail growth pattern

Because this is a very complex disorder, it’s important to see a doctor with specialized training in chronic pain. While many cases are related to nerve damage, there is a form of CPRS known as Reflex Sympathetic Dystrophy (RDS), which is a form of chronic pain without damage to the nerves.

What are My Rights after a CRPS Misdiagnosis?

When a doctor misdiagnoses complex regional pain syndrome, the patient can be negatively affected by:

• Wrong or delayed treatment

• Symptoms that get worse

• Increase psychological stress

• Affected job performance / ability to do basic tasks

When a healthcare provider fails to provide a patient with an accepted standard of care, they may be guilty of medical malpractice. If you are suffering due to malpractice by a physician or any other medical staff, you can pursue a compensation claim and receive:

• Immediate and long-term medical expenses

• Lost income / lost earning capacity

• Pain and suffering / emotional distress

For a detailed explanation of your rights and legal options, make sure to consult a California lawyer with experience in misdiagnosis of CPRS.

Example of Malpractice Involving CRPS Misdiagnosis

Let’s look at a hypothetical situation where someone has constant pain and inflammation after a fracture to the wrist. The fracture has healed, yet the pain will not go away, but the doctor dismisses their complaints. Several months later, the patient goes to a specialist because their symptoms are worse than ever. At this point, they finally learn that they have CRPS. They also have permanent nerve damage that could have been prevented if the initial doctor properly diagnosed the patient’s condition as complex regional pain syndrome.

Here, the patient has a strong case for medical malpractice against the first doctor, whose careless and dismissive conduct caused the patient to suffer irreversible damage.

Deadline to File a CRPS Misdiagnosis Lawsuit in California

California laws impose a timeframe of 1 year from the date of discovery to sue for medical malpractice. In other words, you need to file a claim within 1 year of finding out about a missed or misdiagnosis of CRPS. Please note that you must also file a compensation claim no later than 3 years from when the injury occurred (date of negligence by the defendant).

However, there may be an exception to the statute of limitations depending on:

• If the victim is a minor under the age of 6

• If the injury is due to a foreign object left in the body

• If the discovery of injury was delayed because of fraud / concealment by the defendant

Proving that You were Misdiagnosed

Complex regional pain syndrome is a complicated illness, and so is the process of proving that it was undiagnosed or falsely diagnosed as a different condition is extremely challenging. A CRPS injury lawyer can help you with the following elements, which are critical to your legal rights:

• Establish a direct connection between the doctor’s negligence and your worsening symptoms

• Show that another physician in the same situation would have made the correct diagnosis

• Prove that you suffered physical, emotional, and financial damages

• Find medical experts for testimony to support your allegations.

Advocating For Yourself after a Misdiagnosis

Ultimately, there is no way to guarantee that a doctor will do their job, even if you have done all the research to find a qualified physician. Aside from the doctor, other medical staff and hospital administrators can breach the duty of care to patients at the facility. So, anyone can end up being injured from medical malpractice, and it’s important for these patients to lay the groundwork for a possible legal action.

Though you can’t go back in time and undo the damage, you can advocate for yourself by seeking a second opinion if you have any concerns about on-going symptoms. This includes chronic, severe pain and swelling that will not go away. You can also keep a written long of symptoms along with photos of visible injuries / complications. Additionally, you have the right to ask for all your medical records at any point, which is crucial if you decide to pursue a malpractice claim for negligence by a doctor.

Seeking Help from a CRPS Misdiagnosis Malpractice Attorney

If you or a member of your family is suffering from CPRS that was misdiagnosed or undiagnosed, don’t wait to learn about your rights and legal options. Our law firm is here 24/7, so you will always find someone to assist you.

We have a Zero Fee Guarantee policy, so you do not pay out of pocket to retain a lawyer with experience in medical malpractice cases. We fight tirelessly to recover your settlement, which includes the cost of representing you. By winning your case, all legal fees are covered by the negligent party, so that means you owe us $0 if you are not compensated from a CRPS missed or misdiagnosis lawsuit.

This is your chance to learn about your legal options from an experienced attorney and take action against the individuals that failed to protect your health. All you have to do is reach out and schedule a private consultation, completely free of charge.

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