Understanding RSD/CRPS from a legal perspective is helpful for clients when their attorney is representing them in a case. In addition, the more you understand about what is happening legally, the more you can put your mind at ease.
CRPS stands for Complex Regional Pain Syndrome, a more recent name that replaced the older name of RSD, which stood for Reflex Sympathetic Dystrophy. CRPS is a disease that affects the sympathetic nervous system and results in constant, intense pain that is not proportional to the initial injury. It can cause swelling and can affect various bodily systems: the skin, nerves, blood vessels and bones. Other CRPS symptoms include spasms and short-term memory loss.
CRPS typically occurs after an injury or surgery.
If the doctor performed an unnecessary surgery and afterward the patient developed CRPS, an attorney could prove that the surgery was unnecessary and that it departed from standard medical malpractice. The adverse effects of the surgery that resulted in CRPS provide a legal basis for pursuing compensation for damages.
If the doctor’s handling of a patient involved medical negligence, such as a failure to monitor or follow accepted medical standards, then legal grounds would also exist for a lawsuit.
Yes, other parties may be liable when their negligence caused the accident that injured you and CRPS developed as a result of the initial injury. Your attorney could hold the party who caused the accident accountable. You could pursue compensation for pain and suffering, medical bills, lost income and other related damages.
Special procedural rules apply when filing a medical malpractice claim in New York. An attorney must obtain a consultation with a medical expert who is licensed to practice medicine and who agrees there is a "reasonable basis" for the malpractice case. The attorney must also "reasonably believe" that the medical expert is knowledgeable in the medical issues being presented in the plaintiff's claim.
Other specific legal requirements also apply, which is why medical malpractice cases are complicated and why it is vital to have an attorney represent you in the case.
At Sackstein Sackstein & Lee, LLP we offer a free initial consultation to discuss CRPS and determine whether legal grounds exist to pursue a lawsuit.
You can find out whether you have a potential case by sitting down with one of our attorneys. Discuss the details of your surgery or accident and the injuries sustained in a free consultation. Handling medical malpractice cases requires extensive experience and we have been handling medical malpractice lawsuits for decades. At Sackstein Sackstein & Lee, LLP, our attorneys also have access to the medical resources that are necessary to bring a case. Your case matters to us. Find out how we can help.
Call us toll free at 888.519.6400, or contact us in Garden City at 516.248.2234, or in Flushing-Queens, Brooklyn or the Bronx at 718.539.3100. You can also fill in our contact form, and we will get in touch with you.