There are several key issues that must be addressed when pursuing an RSD lawsuit. RSD lawsuits can be complex and difficult to navigate. Therefore, patients and their lawyers should ensure that they are well-prepared with evidence to present to the court. Key legal issues should also be considered by RSD patients who wish to receive workers’ compensation after developing RSD from a work-related injury.
Determining the RSD Causes
One of the most critical components of an RSD lawsuit is to determine the cause of the condition. Unfortunately, this can also be one of the most difficult aspects of the condition. Due to the widely misunderstood nature of RSD, it is often difficult to determine key facts such as the cause. Furthermore, some patients develop RSD without a specific injury or event that caused nerve damage. This is generally the case with Type I CRPS (also called RSD). In order to file a successful RSD lawsuit claim, the patient will need to provide legal evidence that the defendant, or the party being sued, was responsible for the injury. It is therefore critical to gather substantial medical evidence to prove the cause of the patient’s RSD.
RSD from Malpractice
A strong factor in many RSD lawsuits is whether or not the condition developed due to medical malpractice. For example, consider a patient who developed RSD after an unnecessary surgery, or after an injection was administered to the wrong area of the body. In these scenarios, the element of malpractice creates a stronger case for the RSD patient. While an RSD lawsuit itself may be difficult to prove, the presence of medical malpractice or medical negligence creates a strong foundation for the patient’s claim.
RSD Malpractice Lawyers
It is important for RSD patients and lawyers to be familiar with the laws of the state in which the injury occurred. Different states have different legal requirements for those who wish to file a medical malpractice or medical negligence lawsuit. Regardless of where the lawsuit will take place, all RSD patients require medical testimony of some sort to support their case. Expert testimony for medical malpractice cases involves a doctor of similar expertise and experience to testify that the defending doctor committed negligence or malpractice based on industry standards of care.
In several states, the patient must file an affidavit on behalf of a physician who practices in the same field of the accused physician. The affidavit must state that the new physician is willing to offer the opinion stating that the physician in question committed malpractice or negligence by failing to meet the standard of care. Key legal issues such as this may be difficult to obtain, as it can be difficult to obtain this type of affidavit from a physician who practices in the same community as the physician in question.
RSD and Workers’ Compensation
Observable symptoms may be difficult to obtain in RSD patients. Furthermore, symptoms may vary from day to day. For these reasons, RSD patients may have difficulty providing sufficient evidence to prove injury and receive workers’ compensation benefits. When an RSD patient cannot provide evidence to meet with state workers’ compensation requirements, the patient may lose the ability to receive compensation.
RSD Workers’ Comp Lawyer
Workers’ compensation laws vary between states. It is highly recommended for RSD patients to retain a skilled and knowledgeable RSD attorney when attempting to file for workers’ compensation. Navigating laws and providing sufficient evidence of the condition can be risky. An RSD lawyer can help to answer questions and ensure that the case is handled in appropriate manner so that the patient can receive compensation for his or her injuries.
Bett, BJ. “CRPS: a permanent condition?” Medical Economics 6 Feb. 2004: 13. Academic OneFile. Web. 9 Mar. 2014.
“Confusing RSD injuries can pose special challenge to managers.” Healthcare Risk Management 1 Mar. 1997. Academic OneFile. Web. 9 Mar. 2014.
“How to lower your risks from RSD.” Healthcare Risk Management 1 Mar. 1997. Academic OneFile. Web. 9 Mar. 2014.