Complex regional pain syndrome (CRPS) is a very debilitating condition that can result from any injury whether at work, a public place or on the road.
CRPS is often a commonly disputed injury in personal injury compensation claims due to the difficulty in diagnosis and its often being confused with other conditions such as chronic pain syndrome.
Diagnostic difficulties arise because there is no single test or investigation specific for CRPS and diagnosis is reliant upon the presence or absence of various combinations of symptoms and signs.
What is Complex Regional Pain Syndrome?
It is a chronic condition that may follow a minor or significant traumatic event. It most often affects the hand, arm or the lower limbs. It is a central nervous system problem which can lead to debilitating pain.
There are two types of CRPS:
- CRPS type 1. (acute) usually following an injury to a limb where nerves are not affected.
- CRPS type 2. (dystrophic) which usually follows an injury to a limb where the nerves were affected.
Where a person suffers a personal injury and the pain is worse and more debilitating than expected, the medical profession will commonly consider CRPS as a differential diagnosis.
From a medico-legal point of view, it is vital to recognise the problem at an early stage. Many of the compensation systems that apply in New South Wales, involve once and for all settlements and it is important for a diagnosis to be made before a claim is dealt with at mediation or before a Court. A real complication arises because an accident which does not on its face appear to involve a great deal of physical force may result in debilitating and severe symptoms.
CRPS and Medical Negligence
There are circumstances in which the medical profession may be considered negligent for either causing or failing to properly diagnose Complex regional pain syndrome (CRPS).
There have been clear cases where medical misadventure has led to injury which has ultimately been diagnosed CRPS. In those circumstances, a claim for personal injury compensation may be available.
The failure to diagnose is far more difficult. There is no single test that can accurately confirm a diagnosis. As a result, the medical profession consider it a clinical diagnosis which in effect is a diagnosis of exclusion. It is often the case that the medical profession will not be criticised for failure to diagnose, particularly where there a number of specialities involved and opinions differ. We need to remember the law in New South Wales is such that a doctor will not be found negligent for acting in a manner which was reasonable in the view of peer professional opinion.
Clearly, this area of medico-legal practice is complex and requires the involvement of accredited expert personal injury lawyers. We at BPC Law have had experience in matters involving Complex regional pain syndrome and are well-positioned to assist clients in the right circumstances.