When you’re injured and turn to a doctor for treatment, you expect to leave their care better than you arrived. However, far too many New Jersey residents suffering from complex regional pain syndrome (CRPS) find just the opposite to be true. Doctors who fail to recognize the warning signs of this condition and address them early can condemn patients to painful, long-term consequences.
When this happens because of preventable oversights, New Jersey residents have the right to take legal action to recover compensation for this suffering. This blog post will explore the potential outcomes of pursuing a CRPS medical malpractice claim. We’ll explain what defines a CRPS malpractice case, the legal process for seeking compensation, and the factors determining the value of CRPS malpractice settlements.
Defining CRPS Medical Malpractice
Complex regional pain syndrome (CRPS) is a chronic pain condition that typically affects an individual’s arms, legs, hands, or feet. It often develops after an injury (e.g., broken bone or fracture) or traumatic event (e.g., stroke, surgery, or heart attack). However, the pain of CRPS frequently exceeds that of the original injury or lingers long after the initial condition’s end.
People with CRPS often feel intense burning pain, sensitivity, and swelling in the affected area. Over time, this can lead to joint stiffness, muscle spasms, weakness, and lack of mobility that can spread to other body parts. If left untreated, the effects of CRPS can cause permanent debilitation in certain areas.
CRPS malpractice occurs when a healthcare provider fails to provide the accepted standard of medical care, causing an individual’s CRPS to develop or worsen. A medical professional’s mistakes or carelessness can put patients at risk of harm from this condition in many different ways, including:
- Delayed diagnosis of the original injury,
- Nerve damage from surgical errors,
- Misapplied limb cast,
- Lack of post-operation monitoring,
- Failure to refer patient to pain management specialist, and
- Ignoring early CRPS symptoms.
When this happens, affected patients can sue a healthcare provider for medical malpractice under New Jersey law to recover compensation for their preventable harm.
CRPS Malpractice Settlement Process
A settlement is a way of resolving a malpractice claim without going to court. In a malpractice settlement, the medical professional who’s the subject of the lawsuit agrees to pay the injured patient financial compensation for their harm.
Lawyers representing the patient and the practitioner will negotiate and try to agree on a fair amount of compensation for the patient’s damages. If the two sides can’t agree, they will prepare to take the case to trial.
Factors Affecting CRPS Malpractice Settlements
CRPS malpractice claims involve many complex legal and medical issues. Therefore, the value of a potential settlement can be challenging to estimate. The average CRPS malpractice settlement involves many different case-specific facts, all of which can impact compensation. Here are some important factors that can influence your CRPS settlement.
Severity of Injury
The extent and intensity of your CRPS symptoms can have a major impact on your potential settlement. Compensation tends to be higher in cases where malpractice leaves you with severe physical limitations, chronic pain, and a long-term recovery. If your CRPS symptoms are persistent and seriously limit your daily life, that can increase your chances of a higher settlement.
Provider’s Negligence
The seriousness of a medical professional’s error or oversight can also impact your CRPS malpractice settlement. If a provider purposely, repeatedly, or recklessly disregarded the warning signs of CRPS in your treatment, that could justify a higher amount of compensation.
Financial Damages
The economic costs of your injury are also a major factor in your compensation. Typically, malpractice settlements include compensation for past and future medical expenses. For CRPS sufferers, this could include:
- Prescription pain medications,
- Nerve-blocking injections,
- Physical and occupational therapy,
- Assistive devices,
- Home modifications, and
- Surgery.
You could also recover compensation for income and employment benefits lost while recovering from or managing your condition. If your symptoms are debilitating and prevent you from returning to work as normal, a settlement could include compensation for earnings lost if you have to change jobs.
Quality of Evidence
Clear, compelling evidence of your injury is crucial for your chances of a fair settlement. Gathering strong medical evidence is especially important in CRPS malpractice claims since there is no single test to diagnose the condition. Instead, patients must undergo a combination of tests and have symptoms examined by a qualified medical professional. The opinion of a medical expert who specializes in pain management will be critical to confirm your condition and testify to the extent of your pain and potential disability.
Shared Fault
Importantly, your compensation can suffer if your actions played a role in your condition. Under New Jersey’s modified comparative negligence law, victims of medical malpractice who are partly at fault for their injuries can lose out on a portion of their compensation. For example, a patient who developed CRPS after a misapplied leg cast could contribute to their injury if they fail to report their worsening symptoms immediately to their doctor. If they were entitled to $10,000 in compensation but are found 20% at fault, their compensation is reduced to $8,000.
Don’t Wait to Get the Help You Need
No one should have to worry about leaving the doctor with more pain than they started with. If you suspect a medical professional’s negligent care caused your chronic pain, contact O’Connor, Parsons, Lane & Noble, LLC today.
Our attorneys have spent decades helping New Jersey residents injured by healthcare providers exercise their rights and recover just compensation for their suffering. With our experienced legal team, connections to medical experts, and track record of successful client settlements, we know how to fight so that you can recover the support you need to rebuild your life.
Contact our office today to schedule a free consultation.