Reflex Sympathetic Dystrophy (RSD), sometimes also known as Complex Regional Pain Syndrome (CRPS), is a neurological condition that affects the sensory, motor, and autonomic nervous systems as well as the immune system. It is theorized that the central nervous system’s control over these various functions is somehow altered as a result of RSD. The effects from RSD are often severe and debilitating for patients suffering from the condition. In some cases, RSD lawsuits are filed on behalf of the patient.
RSD lawsuits may be filed by the patient if there is reason to believe that the patient is a victim of negligence or medical malpractice. Additionally, patients who are the victims of accidents, such as a car accident, due to the negligence of another may file an RSD lawsuit. Since RSD can cause severe and debilitating effects in the patient, there is a tremendous impact to the patients as well as their loved ones. Efforts to recover from RSD are a struggle for all those involved. RSD lawsuits are often a valid
compensation to patients with RSD.
Causes of RSD Lawsuits
RSD is usually the result of some kind of accident or trauma. This often occurs after a patient has undergone a surgical procedure. RSD lawsuits can arise from negligence or malpractice during a surgical procedure that led to the patient’s RSD condition. At first, the injury may seem minor, although the patient will experience excessive pain from the injury. The amount of pain experienced by the patient is disproportionate to the apparent injury. This is the first sign that a patient is developing RSD.
The later symptoms of RSD are the result of the injury not healing correctly. Patients are often involved in vehicular accidents or work related injuries and develop RSD months after the injury has occurred. Minor sprains or falls can also later result in a person developing RSD. After the condition has developed, the patient experiences prolonged immobilization of a limb. The condition can also spread to other areasof the patient’s body causing additional injury and immobilization.
RSD Lawsuits from Medical Negligence
RSD lawsuits from medical negligence can be complicated. This is because it is necessary to find other medical opinions to build a case against the malpractice physician. RSD lawsuits from medical malpractice are further complicated by the dissenting opinions of condition among the medical community. Many doctors think of RSD as a vague condition with no discernible cause. However, not all doctors agree with this idea.
When presenting an RSD lawsuit case with insufficient evidence or research, the jury is likely to become confused by the differing medical opinions and side with medical inaccuracies. In cases where the defense cannot adequately portray the cause and severity of the patient’s RSD, the patient may not win the case. For this reason, it is crucial for patients to hire an experienced and knowledgeable RSD lawyer to navigate through the complex and often difficult legal process.
Problems While Filing an RSD Lawsuit
The process for filing an RSD lawsuit can be time-consuming and difficult. In order to file an RSD lawsuit, it is recommended that patients find an experienced RSD lawyer. Some RSD lawsuits are represented by the claimant and lose the RSD lawsuit claim due to inexperience and lack of knowledge on the process.
Another mistake that an RSD patient can make when filing an RSD lawsuit is not taking the proper action after the injury. For example, if a patient had suffered a work-related injury, he or she may be more inclined to file a claim for worker’s compensation. The RSD patient may be granted worker’s compensation, but this is not typically not adequate compared to a properly-filed RSD lawsuit represented by a knowledgeable RSD lawyer.
Many states also have differing policies regarding the filing process of an RSD lawsuit. For example, in Georgia, the plaintiff must file a sworn affidavit along with the RSD lawsuit claim. The affidavit must note that a physician in the same field of medicine has reviewed the RSD lawsuit claim and can confirm that the medical professional who caused their condition had violated the standard of care.
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Tyrone, Nelson. “How Do I Get Other Doctors to Testify Against My Doctor if it is a Clear Case of
Negligence?.” American RSDHope. N.p., n.d. Web. 22 Aug 2013. http://www.rsdhope.org/crps–