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-   Reflex Sympathetic Dystrophy (RSD and CRPS) (https://www.neurotalk.org/reflex-sympathetic-dystrophy-rsd-and-crps-/)
-   -   rsd and lawsuits (https://www.neurotalk.org/reflex-sympathetic-dystrophy-rsd-and-crps-/184163-rsd-lawsuits.html)

jrosiebd 02-18-2013 01:56 PM
rsd and lawsuits
 
can you sue your doctor if had surgery and it caused your rsd? he then misdiagnoised me,said i had arthritis, and delayed me from getting help sooner for my rsd

LIT LOVE 02-18-2013 04:24 PM
Probably not, but you can always get a free consult with an attorney or five.

Unless something was done that others docs will clearly agree was obviously malpractice, you probably have no suit. You'd have to be much more specific about what happened in the surgery.

Misdiagnosing RSD/CRPS by your run of the mill surgeon is not a surprise at all. It is frankly more surprising when they diagnose quickly. Even then, although your odds might be better, there is no guarantee of remission.

Your energy will probably be better spent on applying for SSDI or SSI benefits, if you're unable to work.

Dubious 02-18-2013 06:02 PM
Quote:
Originally Posted by jrosiebd (Post 958208)
can you sue your doctor if had surgery and it caused your rsd? he then misdiagnoised me,said i had arthritis, and delayed me from getting help sooner for my rsd
It all comes down to his documentation. You simply getting RSD from a surgery is not malpractice. As I was told back in the day when I was persuing a malpractice suit, even a flawless surgrey can wind up with RSD as a result. So it really comes down to whether you can prove that he has committed an error of commission or omission that was below the standard of care and harmed you and also find an expert that is willing to state such. Then it's up to a jury (like they'll ever understand what RSD is!). You do have an interresting second part IMHO, with his inability to diagnose you with RSD (error of omission) that delayed care and caused you harm. Messy, I know...let us know where it goes.

jrosiebd 02-19-2013 12:25 PM
Quote:
Originally Posted by LIT LOVE (Post 958249)
Probably not, but you can always get a free consult with an attorney or five.

Unless something was done that others docs will clearly agree was obviously malpractice, you probably have no suit. You'd have to be much more specific about what happened in the surgery.

Misdiagnosing RSD/CRPS by your run of the mill surgeon is not a surprise at all. It is frankly more surprising when they diagnose quickly. Even then, although your odds might be better, there is no guarantee of remission.

Your energy will probably be better spent on applying for SSDI or SSI benefits, if you're unable to work.
yes i have filed for ssd, i never even got worker comp my trigger finger happened while typing @ work,then had the surgery and got the awful rsd,my workers comp. attorney was not any good at all

Dubious 02-19-2013 02:34 PM
Quote:
Originally Posted by jrosiebd (Post 958506)
yes i have filed for ssd, i never even got worker comp my trigger finger happened while typing @ work,then had the surgery and got the awful rsd,my workers comp. attorney was not any good at all
In part, because of how the 5th Ed. of the AMA Guides to Evaluation of Permanent Impairment views such injuries, RSD/CRPS is not looked kindly upon. It is comparatively more difficult to get compensated for RSD/CRPS as a result. It is possible nevertheless, depending upon the laws of your state. In my state you can (or used to be able to) file a "new and further" claim if your work comp injury has worsened. I recall the time frame was that it had to be filed within 5 yrs of the date of loss or within 3 yrs of when you were declared "permanent and stationary." I think it also mattered if your case resolved via "stipulation and award" or by "compromise and release." Many states have a "hotline" for injured workers that you can call for advice. In my state, it is the worker's compensation appeals board, who will talk to you as long as you are not currently represented. Worth a phone call...

CRPSsongbird 02-19-2013 04:14 PM
Lawsuits
 
You have to be able to prove "BELOW STANDARD CARE" or "NEGLIGENCE" Meaning something that either didn't for follow protocol, or fell below the normal standard of care. Like not identifying a patient for example compared to dropping a watch into someone abdomen during and sewing it in. Without some kind of proof you end up having it be your word against the doctors or a known risk or side effect from a procedure.

LIT LOVE 02-19-2013 06:45 PM
Quote:
Originally Posted by jrosiebd (Post 958506)
yes i have filed for ssd, i never even got worker comp my trigger finger happened while typing @ work,then had the surgery and got the awful rsd,my workers comp. attorney was not any good at all
How long ago was the surgery? Did you sign a C&R with WC? You can hire a new attorney or figure out the system and represent yourself if you're still eligible.

WC will not be a windfall by any stretch of the imagination, but it can certainly help. Some states have ceiling on benefits that are laughable.

jrosiebd 02-21-2013 11:54 AM
Quote:
Originally Posted by LIT LOVE (Post 958592)
How long ago was the surgery? Did you sign a C&R with WC? You can hire a new attorney or figure out the system and represent yourself if you're still eligible.

WC will not be a windfall by any stretch of the imagination, but it can certainly help. Some states have ceiling on benefits that are laughable.
hi! my surgery was 4/4/12,when trigger finger happened i told my boss, he didn;t fell out anything on me, i didn't sign anything with wc, i filed wc myself the 1st time got attorney 2nd time , he was a real joke he didnt argue my case at all, i just need help with all my doctor bills, thank u so much for your comcern

LIT LOVE 02-21-2013 05:49 PM
You want to follow up soon, since there might be a time limit of a year in your state. Speak to another attorney?


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