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CRPS/RSD Lawsuit Due to Medical Malpractice

Radial Nerve Palsy and RSD

If you suffer from RSD as a result of medical malpractice, you’ve come to the right place.

Complex regional pain syndrome (CRPS) is a form of chronic pain that affects arms and legs. It flares up after patients receive treatment for an injury or condition, and the pain is significantly out of proportion to the initial injury. The most common form of CRPS is reflex sympathetic dystrophy syndrome (RSD), which makes up 90 percent of all cases.

While RSD can go into remission when caught early, it can become debilitating and painful when left untreated. One common cause of RSD is when a doctor or nurse hits your nerves while drawing blood or giving you an injection. Their moment of negligence or inattention could leave you with a lifetime of pain.

If you suffer from RSD in a way that affects your day-to-day life, you might have a viable malpractice case. You shouldn’t have to keep suffering because of someone else’s mistake.

Why are People Suing?

Woman laying on a bed
RSD is the result of trauma to the peripheral and central nervous systems. According to UW Medicine, regional pain syndrome is preventable if the doctors and hospital staff know to watch for it and educate the patient on the symptoms.

Like many conditions, RSD treatment is easier when doctors diagnose it early. The severity of the nerve pain is lower in patients who received immediate treatment as opposed to those the medical staff neglected. Patients put trust in their doctors and nurses in hopes that they will make them better, not worse. Whether the hospital caused your RSD or failed to diagnose it, you’re the one who has to suffer for their mistake. You left the hospital worse off than you were before.

CRPS and RSD are Rare

Many patients think chronic pain is a normal part of treatment. It’s not. Experts consider both CRPS and RSD extremely rare, and there should be cause for concern if you develop it.

According to the CDC, more than 67 million patients received doses of an HPV vaccine between 2006 and 2015. During that time, medical professionals reported 22 cases of CRPS. The CDC extensively studied the risk of CRPS inpatients and found the likelihood was nominal: just 22 cases out of 67 million. When a shot is administered properly, chronic pain should not occur.

The organization RSDHope says CRPS presents itself in two to five percent of individuals that have peripheral injuries. They estimate there are fewer than 200,000 cases in the United States. In fact, NORD, The National Organization for Rare Disorders, named CRPS a rare disease.

While doctors might not know much about the causes of this disease, the fact that it’s uncommon and treatable when caught early means there’s no reason for most patients to suffer from it.

RSD Often Goes Undiagnosed

There is no standard for diagnosing CRPS, and no single diagnostic criteria. A recent Oslo University study found a mean time delay to CRPS diagnosis of 4 years. This might be because the case is mild enough for the doctor and patient to overlook, or because the doctor is negligent in fully checking the patient’s health.

graph the McGill pain index for select conditions

When RSD cases go undiagnosed, patients go untreated and suffer quietly in pain. The McGill Pain Index qualifies pain levels based on severity and gives them a score between one and 50. For example, non-terminal cancer is in the mid-20s, a severe sprain or arthritis is in the high-teens, and childbirth is in the 30s. RSD/CRPS has a score of 42. It is more painful than most short-term ailments but lasts for years.

When doctors leave your RSD undiagnosed, they are setting you up for a lifetime of excruciating pain. You’re not getting the proper long-term care you need. This is why the team at Console and Associates is so passionate about RSD cases. We understand the pain you’re in and how it affects your life.

The Compensation You Deserve

Every claim is unique, so it’s impossible to know what your claim is worth until you speak with an attorney. Like many malpractice injury claims, RSD cases cover more than just your medical bills. While our RSD lawyers start by looking at the treatment you received (and any expenses you paid for as a result of your medical provider’s negligence), we also take other factors into consideration:

  • Pain and Suffering: CRPS/RSD is an incredibly painful condition, and you deserve compensation for how this syndrome affects your daily life.
  • Medication Costs: Many patients rely on medication to treat their RSD. These prescriptions can be expensive and also affect your health insurance costs.
  • Long-Term Treatment: Patients who suffer from RSD often require more doctors’ appointments and physical therapy to work through weakness or pain.
  • Lost Wages: RSD treatment means patients have to take more time off of work or have to quit their jobs entirely. Our cases also account for lost income.

Once our team considers all these factors, the RSD attorney working on your case can develop a lawsuit plan to get you maximum compensation.

Disclaimer: Results may vary depending on your particular facts and legal circumstances.

$1.5 Million | New York RSD

To fully understand the severity of RSD and the rarity of this condition, consider the case of Diarassouba v. Urban in the state of New York. A 32-year-old math professor underwent a 10-hour surgery on his left knee. He woke up to excruciating pain and a right leg that was swollen and deformed.

Before surgery, the right leg was healthy. What happened?

During knee surgery, the legs typically rest in high support stirrups to give surgeons access. Unfortunately, this position is an unnatural one and can lead to problems without repositioning. The professor’s surgical team reportedly failed to do this, ignoring accepted medical practice. As a result, he developed severe RSD, creating chronic pain in his leg

At the time of the trial (almost eight years after the surgery), the patient still suffered from right leg weakness, excruciating shots of pain 15-20 times per day, and foot numbness. The court awarded him $1.5 million dollars to cover the additional medical treatment needed to care for his leg and the pain and suffering he experiences daily.

Common Questions About RSD Lawsuits

Speaking to a Pennsylvania medical malpractice attorney is the first step towards getting justice for your RSD. The next step is moving forward with your claim. Let the lawyers at our firm walk you through the claims process and get you full compensation.

What Do I Need to Prove to Win My Case?

In medical malpractice cases, the burden of proof falls on the plaintiff, which means you will need to prove that the doctors or hospital staff should have provided better care. You need to prove that:

  • The medical professional who provided your care was qualified to do so
  • Your RSD is the result of your providers not following the accepted medical practice
  • Your life is negatively affected by their actions

These factors aren’t always easy to prove. You need to preserve evidence, and know-how Pennsylvania law applies to your claim. Then you’ll need to argue your case against an army of lawyers hired by the hospital to protect their profits. There’s no doubt about it, for a successful claim, you will need to lawyers of your own. We’ll take handle every aspect of the claim for you.

Who Should I File A Malpractice Claim Against?

You don’t have to worry about choosing a defendant in your case. We will walk you through the claim process and ask you questions to determine who is at fault. In most cases, the doctor is at fault in RSD/CRPS cases because they were responsible for your care. However, there are times when other hospital staff were negligent, so they, too, can be defendants in your case. Your claim is against whoever failed their duty of care.

Is There a Statute of Limitations on My Claim?

A statute of limitations is the amount of time you have to file a claim or lawsuit. In the state of Pennsylvania, patients have two years to file a medical malpractice claim. According to the law, you have two years after you are aware (or should be aware) that you are the victim of malpractice. This is known as the, discovery rule., Knowing when the discovery rule goes into effect isn’t always easy, which is why you should contact us as soon as possible.

When you speak with a member of our firm, we’ll review your claim and let you know what your options are. Gathering evidence takes time, so the sooner you allow us to start building your case, the better.

How Much Does Hiring an RSD Lawyer Cost?

There are no upfront fees for hiring Console and Associates to represent your RSD case. We stand by our No Fee Promise. The premise is simple: You pay nothing for your claim until we get you a settlement. You never have to pay a penny to speak with your attorney, and we’ll advance all costs associated with your claim. Our success is your success, which is why we always fight to get you every dollar you deserve. If we can’t get you a settlement, you don’t owe us anything. Period.

We believe that you should never be denied justice because of the price tag. Our No Fee Promise guarantees it. You have nothing to lose and everything to gain.

These questions are just a handful of concerns people have. If you have additional questions, call our offices and ask. We’re here to listen to you.

Speak With An RSD Attorney

If you’re still unsure about your RSD case, call today and ask for a free consultation. During this time, we can explain our process and discuss your case, or simply listen to your concerns and address any questions you may have. We are here for you and will take whatever time you need to make sure you feel comfortable.

Contact us today or give our offices a call to set up a time to talk about RSD. You are already in pain because of your condition; the last thing you need is to feel stressed about talking to professionals about your case.

Uncommon RSD Side Effects

While pain, swelling, and sensitivity of the infected area are the most common side effects of an RSD injury, medical professionals are discovering additional problems that arise in patients as well. Knowing these symptoms and how they affect your life can help us make your case and help you realize how RSD completely changes your life.

Decreased Ability to Move

There are many ways your movement RSD affects your movement. Nerve damage could make your limb more sensitive or trigger abnormal movement in the affected area. Stiffness is more likely to set in, making movement difficult or painful. Patients also report numbness in some cases, another nerve damage side effect.

Dental Problems

Skin, nails, and teeth are all affected by RSD. While nails and hair may grow differently because of RSD and any treatment related to it, dental problems are often caused as a result of nerve damage. Patients may need to have their teeth pulled instead of undergoing a root canal to prevent nerve sensitivity. They are also more prone to cavities and other gum diseases.

Abnormal Sweating

Patients may experience abnormal sweating patterns around the affected areas or in their whole bodies. They may sweat excessively or not sweat at all depending on their body,s reaction to the climate. Sweat patterns can also change, meaning someone who is sweaty at one point can’t seem to sweat later on.

Memory Lapses

CRPS/RSD causes short-term memory problems and other mental disturbances like insomnia and emotional imbalances. Even if patients are physically able to do their jobs, they may not mentally be able to handle them. A lack of memory and emotional stability can be frustrating for patients, especially when they know they’re tied to a physical problem.

Difficulty Connecting With Loved Ones

While this isn’t a medical side effect, it’s an important factor to note in your case. If you’re unable to enjoy the activities that you used to love and connected you to the community, then your RSD damaged your quality of life. Many RSD patients say their chronic pain makes it hard to connect with friends and keep up with the people they love, increasing the risk of developing problems like depression or anxiety.

RSD extends well beyond pain and swelling. It affects the entire body and the entire life of patients who suffer from it.

If you suffer from RSD, you shouldn’t have to suffer alone. Call us. We’ll review your claim and help you hold the people responsible for your suffering accountable. The call is free, and you’ll never pay a penny for the claim until we get you your settlement.

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