Complex Regional Pain Syndrome (CRPS) is a poorly understood condition that affects approximately 1 in 4,000 people in the UK each year. At Oliver & Co Solicitors we represent individuals who have sustained serious injuries caused by accidents due to the negligence of others, this includes clients who have developed CRPS following a traumatic event, such as a road traffic collision or an accident at work.
Personal injury claims involving CRPS are often complex and challenging. The condition itself can take time to diagnose, as many medical practitioners will first rule out other possible causes before confirming CRPS. It is also crucial to obtain strong medical and factual evidence to demonstrate that the condition was caused by the accident, rather than by some unrelated factor in the individual’s life.
What is CRPS?
CRPS is a chronic pain condition that can develop following injury or trauma, pain is far more severe and long-lasting that it would be expected to be. There are two classifications of the condition:
- Type 1 occurs after an injury or illness where there is no direct nerve damage
- Type 2 occurs after a distinct nerve injury
Although this distinction does not usually affect treatment, it can be relevant in the context of a personal injury claim.
Symptoms of CRPS may include:
- severe pain – burning/stabbing pain that is disproportionate to the original injury
- temperature changes in the affected limb (which may feel unusually hot or cold)
- altered sensation
- hypersensitivity – extreme skin sensitivity
- skin colour changes
- excessive sweating and/or changes in hair growth
- swelling or stiffness that significantly restricts movement and function
- tremors and weakness
CRPS was once thought to be psychosomatic, meaning that the pain was believed to be caused by psychological factors. Although this has since been disproven by research, there is still a stigma surrounding the condition. Sufferers are often made to feel as though they are exaggerating or fabricating their symptoms.
Current understanding suggests that CRPS results from an abnormal body response injury. While most people recover as expected after trauma, individuals with CRPS do not. The precise cause of the condition remains unknown.
How is CRPS diagnosed?
Diagnosing CRPS can be difficult. The condition is not well understood, and a diagnosis is often only made after other possible conditions have been excluded.
Medical professionals may use a recognised diagnostic checklist. If an individual displays two or more of the recognised symptoms and no alternative diagnosis explains their condition, they may meet the criteria for CRPS. Unfortunately, CRPS is often only considered when recovery does not progress as expected, which can result in significant delays.
Delayed diagnosis can have serious consequences. Early treatment offers the best chance of improvement and should be delivered through a coordinated, multidisciplinary approach. If treatment is delayed, CRPS can become entrenched and much harder to manage. Living for prolonged periods with undiagnosed chronic pain can also lead to psychological harm.
Poor understanding of the condition
CRPS is still poorly understood, so, as part of a personal injury claim, it is important that we make the right choice of medical expert to report on the condition. The experts must have genuine experience of CRPS and its long-term effects to produce accurate and meaningful reports. If the wrong expert is instructed, the condition may be misunderstood or understated, which can significantly affect the value of a personal injury claim.
Delay in diagnosis
CRPS can arise from relatively minor injuries. In some cases, individuals may not initially link their symptoms to the original accident, particularly if the accident seemed insignificant at the time.
Personal injury claims must usually be brought within three years of the date of the accident. In cases where the initial injury appears minor, an individual may not pursue a claim straight away and by the time the seriousness of CRPS becomes clear, valuable time may have passed, making it more difficult to pursue a claim.
For this reason, it is essential that anyone suffering from CRPS instructs a specialist solicitor at the earliest possible opportunity.
Stigma
Despite efforts to improve understanding, stigma surrounding CRPS remains. In personal injury claims, experts instructed on behalf of the Defendant may try to suggest that a Claimant is exaggerating their symptoms or may point to a history of psychological difficulties as evidence of vulnerability.
People we have successfully helped claim for CPRS as part of a personal injury claim
We acted for a 52-year-old woman who was working in the medical records office in a hospital. Whilst trying to remove a file from a tightly packed filing cabinet, she injured her hand, hitting it against another cabinet. Her initial injury was not significant but, unfortunately, she went on to develop CPRS. She struggled with such sensitivity in her arm she could not travel on public transport for fear that someone may accidently knock her, causing excruciating pain. We were successful in a claim against her employer and recovered £95,000 in compensation.
In another case we were able to recover £75,000 for a 30-year-old man who was injured whilst working in a temporary job. He sustained a fracture to his big toe when some sheets of metal came off a pallet and landed on his foot. His initial injury was not severe but sadly he went on to develop CRPS.
When bringing a personal injury claim involving CRPS, it is vital to instruct a specialist solicitor who has access to the appropriate medical experts, treatment providers, and legal professionals, and will have in-depth knowledge of the condition. This expertise is crucial in challenging defence arguments, asking the right questions, and carrying out the necessary investigations to present the strongest possible case.
If you are suffering with CRPS which has been arising from an accident caused by someone else’s negligence please do not hesitate to contact one of our experienced personal injury solicitors at Oliver & Co Solicitors on 01244 312306, you can also email us on law@oliverandco.co.uk or complete the Contact Form on our website and we’ll be in touch as soon as possible.
