Chronic Pain after a Foot Fracture Attorney
Commonly referred to as CRPS or chronic pain syndrome, complex regional pain syndrome is a medical condition that is largely misunderstood by the general public. This is a complication that can develop after a bone fracture, like a fractured metatarsal (one of the bones between your toes and ankles). So, there is the possibility that someone will end up with CPRS after a fall, car crash, or any other accident. The injury can happen at home, on the road, or at your workplace.
It’s essential that victims understand the legal implications of CRPS after an accident, which you can learn about from a lawyer that specializes in chronic pain after a foot fracture.
What is Complex Regional Pain Syndrome or CRPS?
Complex regional pain syndrome is a condition that follows an injury, and it typically affects one of the arms, legs, hands, or feet. CRPS is characterized by numerous symptoms, primarily, chronic pain. The pain may come and go, but it does not go away after the injury has healed. Furthermore, the pain is greater than what is expected for the type and degree of injury.
There are two classifications of CRPS that you can be diagnosed with:
- CRPS-I – this condition was formerly referred to as reflex sympathetic dystrophy (RSD). With this type of CRPS, there is no damage to any of the nerves.
- CRPS-II – this type of CRPS is based on nerve damage.
It’s important to note that many cases of foot fractures do not evolve into complex regional pain syndrome. However, the condition may develop even after a seemingly minor injury, like twisting your ankle from a slip and fall.
What can Cause CRPS?
An injury to the foot, like a bone fracture, can result in complex regional pain syndrome. Here are the most common sources of foot fractures, which can lead to chronic pain and other debilitating symptoms:
- Slip and fall or trip and fall accidents
- Collisions with cars, trucks, and other motor vehicles
- Fractures caused by falling object on foot
- Work injuries can easily result in complex regional pain syndrome, whether you had an accident or stress on the bones and underlying tissue from repetitive tasks
- Surgery can help to correct a fracture, but it can also trigger complex regional pain syndrome in the affected limb
The underlying mechanism for CRPS is believed to be a dysfunction in the interactions between the central and peripheral nervous systems. When interactions between the two systems are abnormal, the patient can experience on-going pain, swelling, and inflammation.
What are the Symptoms of Complex Regional Pain Syndrome?
The symptoms of complex regional pain syndrome generally include:
- Throbbing or burning pain that does not go away or improve
- Pain that is disproportionate to the initial injury
- Extreme sensitivity to sensations on the limb / area affected by CRPS.
- Losing mobility and function
- Stiffness and/or swelling
- Changes in skin color and temperature
- Tremors or muscle atrophy (weakness)
- Changes in hair and nail growth patterns
You may only have some of these symptoms, or progress from one set of symptoms to another. For example, you may have swelling and pain in the beginning, which progresses to skin changes and reduced mobility. Ultimately, early intervention is the key to preventing permanent disability as a result of chronic pain after an accident.
What are the Steps to Diagnosing CRPS?
CRPS is not a condition that can be diagnosed right away, as it develops over time after a specific injury. Most doctors that specialize in chronic pain disorders use the Budapest Criteria to diagnose patients, which require:
- Disproportionate pain that persists long after the injury has healed.
- The patient has symptoms in 3 of these categories: sensory, vasomotor, motor / trophic and sudomotor/edema.
- Symptoms that fall within at least 2 categories were observable during a physical examination
- There is no better diagnosis to explain what the patient is going through
During the evaluation process, doctors may use diagnostic tools such as MRIs to rule out other possible health issues. Doctors also look for bone density and blood flow changes via X-rays and bone scans.
How Do You Treat Complex Regional Pain Syndrome?
A multi-disciplinary approach is needed to help patients live with the effects of CRPS, and the exact treatment plan will vary from one person to another. Methods that can be helpful to those with chronic pain syndrome include:
- Pain meds like corticosteroids and neuropathic agents
- Synthetic nerve blocks
- Physical and/or occupational therapy
- Spinal cord stimulation therapy
- Acupuncture and other alternative medicine practices
- Psychological counseling
Your treatment plan may evolve over time, as CRPS is very difficult to treat. Various impairments caused by CRPS are expensive to treat, and this is why victims must explore all the available legal options.
Filing a Lawsuit for CRPS after a Foot Fracture
As someone who is living with CRPS following a bone injury, you may be interested in suing an individual, business, doctor, etc., for monetary compensation. Insurance companies often dispute injury claims for chronic pain because it’s not something you can see on a scan or under a microscope. Whether you are filing a lawsuit or seeking workers’ compensation, here are the complications you’ll need to think about:
- Causation – it must be proven that the accident is the primary cause or substantial factor in why you developed CRPS
- Monetary damages – these are the categories of compensation you are legally entitled to, based on factors like the location and severity of injury, loss of earning capacity, and impact on your mental health (emotional distress).
- Long-term care needs – a chronic condition like CRPS required lifetime, on-going medical care and related services, which will factor into your settlement.
- Comparative negligence – in California, each party involved in an accident is assigned a percentage of blame, ranging from 0 to 100. You can file a claim even if you are partially liable for the event. However, your settlement or jury verdict will be reduced by the percentage of fault.
- Medical malpractice – missed or wrong diagnosis, not following safety protocols, inappropriate post-surgical care and other examples of medical malpractice can form the basis for a complex regional pain syndrome lawsuit. With malpractice claims against healthcare providers, non-economic damages are capped at $500,000 for injury victims and $1,000,000 for surviving family members.
What are the Legal Challenges Facing Injury Victims?
User-friendly is not a word that can be applied to the legal system, no matter what type of claim you are pursuing. Here are some of the obstacles that can stand in your way if you sustained a fracture in your foot:
- Pushback from the insurance company – insurance companies may insist that you do not have sufficient proof of the injury causing CRPS, or you are exaggerating the pain and other symptoms
- Proving that you have CRPS – saying that the claimant’s symptoms are from another condition altogether is another argument made by insurance companies.
- Undervaluing your claim – by paying you less, insurance companies save money and stay profitable. One of their strategies is arguing that your symptoms will improve over time in an effort to reduce the amount of long-term medical costs and other damages.
- Expert testimony – you may need to consult medical experts in fields like pain management and neurology to strengthen your case.
Case Example for CRPS Caused by a Foot Fracture
A middle-aged woman is at a supermarket when a sales display falls over. One of the items hits the top of her foot and breaks one of the bones. The nature of the fracture requires the woman to have surgery and months of physical therapy. Though she follows all her doctor’s recommendations, the pain in her foot does not improve. She begins to have symptoms like skin changes, swelling, and hypersensitivity, and is eventually diagnosed with complex regional pain syndrome.
The pain and discomfort from CRPS make it impossible for the victim to go back to her job at the hospital. She files a liability claim against the supermarket and work with an attorney to locate medical experts, witnesses to the accident, surveillance footage from the store, and other valuable evidence. As a result, she had a strong and compelling case against the supermarket chain.
How Much Time Do I have for a Bone Fracture Lawsuit?
Personal injury lawsuits are governed by a time limit, which is referred to as the statute of limitations. The laws in California impose a deadline of 2 years from a qualifying event if the victim wants to file a claim. In cases where the injury or health condition takes time to develop, a lawsuit may be filed within 2 years of when the victim learned of the injury (discovery rule). If you are suing a medical professional or facility (medical malpractice), the deadline for a lawsuit is 1 or 3 years.
Do you have a case of CRPS that’s related to a workplace injury? Claims for workers’ comp must be initiated by telling your employer about the injury within 30 days of an accident or diagnosis. All the required paperwork must be filed with your employer’s WC insurance provider no later than 1 year from the date of injury.
Contact Kenmore Law Group
We can’t predict which patients will end up with CRPS after an injury to their foot. However, we can say with certainty that complex regional pain syndrome is very difficult to live with, and the costs of managing the pain and discomfort can be a huge source of stress. Compensation can alleviate these problems, which you can obtain with help from the lawyers of Kenmore
The members of our legal team are here 24/7 to advise you of your rights if you were injured by the negligence or misconduct of others. We are more than happy to take your case on contingency and offer you a Zero Fee Guarantee from the moment you contact us. That way, you spend $0 to hire us, and our payment comes directly from the party at fault as a part of your settlement award. If we cannot recover compensation on your behalf, you will not be billed for any legal fees.
For a free consultation to learn how you can sue for chronic pain caused by a foot fracture, contact our office today.
