Thoughts on CRPS compensation : So I've had... - Pain Concern

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Thoughts on CRPS compensation

Pollyerrington profile image
19 Replies

So I've had negligence upon negligence and then some more...!

I originally fell down the stairs and broke my leg in 3 places.

They put 6 screws in my leg. One was in the wrong place (but could be argued with that it was acceptable) the other was slightly too long - confirmed by CT scan, and needed replacing as it was digging into a joint.

I was kept in a cast way too long.

I started developing CRPS whilst in the cast. Confirmed when cast was removed.

The real negligence started when they carried out the surgery to replace the bad screw.

I've heard the first rule is to never operate on someone until CRPS is under control. So my CRPS got worse and now I'm off to Oxford uni hospital to start the process for a spinal cord stimulator. Life changing.

I'm so angry at their negligence. My life has changed so much.

6 months ago I was a sporty, active always on the move kind of person. And now I have to be careful how much I buy at the supermarket because I know I'll struggle to carry it home... 😕 No sport makes me sad. It's such an adjustment.

Has anyone else made a claim for CRPS or similar?

I'd love to hear your stories.

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Pollyerrington profile image
Pollyerrington
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19 Replies
WestSussexGuy profile image
WestSussexGuy

I think it would in reality be very very very difficult to prove that your CPRS was caused by the screw needing to be changed or for the cast being on too long. As I understand it, the science into CPRS is in it's infancy and it is unknown why some people do or don't develop CPRS but I think some of the risk factors are now know. CPRS is one of the harder pain conditions to treat but it sounds like you are in good hands and they are having lots of success stories now.

Pollyerrington profile image
Pollyerrington in reply to WestSussexGuy

Hi, I think you misread my post - that's not what I'm saying. The CRPS was caused by the initial surgery. The negligence was that they operated on me a second time when I'd already been diagnosed with CRPS.

New legislation states that the surgeon must now verbally tell you the risk of CRPS before surgery. It's not enough to include it in the paperwork that is signed.

There are 100s of successful cases :)

macora profile image
macora in reply to Pollyerrington

Do you mean the risk of surgery when you are diagnosed or the risk that surgery will result in this. My consultant didn't mention it to be at all prior to surgery and certainly didn't list it on the paperwork. When did this new legislation come in and can you point me to it please?

Pollyerrington profile image
Pollyerrington in reply to macora

It was as a result of the Montgomery case. I read it on a solicitors website. They are supposed to tell you verbally as well as put it in the paperwork before surgery.

Bananas5 profile image
Bananas5

Hello Pollyerrington

I am not sure Pain Concern is the best place to ask about NHS compensation for causing your CRPS.

There are members here who have had limbs amputated through this dreadful pain, some even suicidal, yet they have no come back against anyone.

What would you hope to gain by suing the NHS? A written apology? Financial reward? What happens then? It will not give you your sporting life back

Coming to terms with Chronic Pain is hard but some of the best advice given by pain Consultant is don't look back. Something that happened in the past should remain firmly there. Find things you can do no matter how difficult it can be. As with any disability you have to adapt and change.

I lost my sight suddenly overnight when in my early 30s. Irreversible, incurable and inoperable. I had no choice but to adapt and move on. Now a chronic pain patient due to many many years bad posture

It isn't easy. Blame is all part of the process of coming to accept what has happened. Many people never get a diagnosis.

Seeking compensation from the NHS will result in them having less money to help others who can be helped.

Is that what you really want

x

Pollyerrington profile image
Pollyerrington in reply to Bananas5

The compensation won't affect the NHS at all. I'd never dream of taking from them. I am in fact working on a project which will ultimately save the NHS money.

Any compensation comes from their insurance and would never impact them directly.

I'm claiming because all of these claims are audited and lessons are learnt. And hopefully mistakes like these won't happen again. It would also be helpful to have some financial support for the adaptations my life might face in the future.

macora profile image
macora in reply to Pollyerrington

Interesting. Are there any statistical supporting figures for spread following operations? For myself, my CRPS started after an operation and I wasn't informed that this could even happen - the worst they said was taking out metalwork from ankle could break again. I can't find any UK figures that seem to support this as being likely but just a few months in and it has been having a major effect on my work and income. You start researching and quickly you find so many people with this condition. My worst fear at the mo, is the Consultant said it is a temporary condition (no way could have damaged the nerve), but 6 months on and no sign that it is going, but awaiting Pain Clinic appointment - was temporarily closed and at mo looking like about 5 month wait from referral. How can it get better if you aren't having sufficient treatment?

Pollyerrington profile image
Pollyerrington in reply to macora

If it is CRPS treatment needs to be quick and in the first 3 months or it becomes a long term and most likely permanent condition.

It's well known that operating on someone that already has CRPS can very likely cause a spread, which is why surgeons must not touch anyone until they have been treated and only until a lumbar sympathectomy or nerve block is given before surgery to minimize risk of spread.

The problem with CRPS is that is tends to occur in an area slightly away from where the surgery took place. Mine for example is across my foot, and my surgery was on my ankle. A totally different set of nerves.

I would ask your gp to urgently refer you to a different pain clinic. Waiting that long could be seriously bad for you if it is CRPS. You need minimum of medication and physio asap.

macora profile image
macora in reply to Pollyerrington

thank you , I will x

Bananas5 profile image
Bananas5

Well it does impact as the more compensation claims they have to pay out the more insurance they have to pay.

There are other ways to make your points and meetings between those involved can be arranged. I did it with my husband when he was wrongly sent to a private pain clinic. The consultant was not qualified to carry out the procedure. It was a very dangerous procedure he carried out and lives were endangered.

The staff learn a huge amount from subsequent meetings and policies changes.

I would say unless you know how your life will pan out as result of this CRPS it will be difficult to be compensated. Many people lead very active lives...different yes but still doing things without intervention.

If and when the times come for you to ned any equipment there are gov benefts.

This is all hypothetical as NHS England is being privatized.

in reply to Bananas5

If what your saying is true then why be insured. It seems that you cant relate to people who suffer as she is. The bottom line is she needs legal help and if you cant give any help keep your discouraging comments of the post.

susansue profile image
susansue

Sorry to hear what you're going through Pollyerrington, CRPS can be life changing. My daughter developed it 14 years ago when she was 13. At first life was horrendous and I wanted to blame Centerparcs (where she hurt her foot) and then the NHS for not diagnosing the condition quickly enough for reversible treatment to start (Physio etc should start within 6 months to get best results). But as time went on both me and my daughter learned that the best way forward was to have a positive outlook on life and concentrate on what she could still do. She too had previously been sporty, going to gymnastics and was also a junior lifeguard so has had to find other activities she can do.

I think the turning point was when aged 17 she was referred to the Bath hospital pain management programme (they are CRPS specialists). She was an inpatient for 2 weeks and they taught her coping techniques and how to not let the pain consume her. She now goes to the gym 6 mornings a week, holds down a good job, and is currently planning her wedding in June. She is still often in a lot of pain and as her mum I do feel distressed that I am unable to help her get better but then I am amazed at how strong a person she has become as she has matured. She does fundraising for the CRPS charity Burning Nights to help raise awareness and has recently mentored a young girl with CRPS to help her cope with the condition.

Fighting the NHS for compensation will not take your CRPS away. It is important for you to concentrate on lots of Physio and exercise the best way you can to release the endorphins and regain your positive mindset. That's the way to beat CRPS. Don't give in to it. One day they will find a cure, until then live your life in the best way you can xx

Davek723 profile image
Davek723

Hi there i have crps. I feel for you position. I would think you may have a medical case but wether you can find someone to prove the crps was caused by the surgeries or by your accident may prove difficult. However i would definitely seek legal advice. On that subject please check any house insurance you have, alot of times there are things that cover legal advice etc.always worth a look. Wish you the best of luck if you need any help please just ask .

Dave

Pollyerrington profile image
Pollyerrington in reply to Davek723

Thanks. I'm not looking to try and get compensation for saying surgery caused my CRPS. I'm looking for compensation because they operated on my CRPS after I'd already been diagnosed (a massive no no)

Thanks for house insurance advice. Will also be seeking free 30 mins of solicitor advice :)

Sheila-Squirrel profile image
Sheila-Squirrel

I have had CRPS for 6 years and had to have surgery on my jaw last year. Surgery should be avoided where possible because of risk of spread. I'd already had spread to other parts of my body and usually have dental treatment without anaesthetic after having pain for 9 months after having the injection. I spent a long time discussing with my GP, dentist and the anaesthetist about how to approach surgery. It was extensive surgery and required. I researched and found that nerve blocks in the area being operated on as well as the anaesthetic reduce the risk. I ended up with a numb face for 36hrs and it took a couple of months to get the pain under control but that was nothing compared to before. It's something that should be looked at before surgery for any CRPS sufferer.

Pollyerrington profile image
Pollyerrington in reply to Sheila-Squirrel

Yes, I only found this out recently. They did 2 hours of intrusive surgery on my ankle that already had CRPS :(

'Luckily' today I found the letter where they first mentioned they believed i had CRPS and it was a month before my second surgery. Plenty of evidence for negligence...

I'm sorry to hear you've had such a long and painful journey :(

Sheila-Squirrel profile image
Sheila-Squirrel

google.co.uk/url?sa=t&sourc...

This is a brilliant resource. I used it to get the right treatment. It's a multidisciplinary study with users of the services having input to the best practices for treatment.

mollyandmaisie profile image
mollyandmaisie

Very interested in your fight for compensation as i have just been diagnosed with crps after 2yrs after having both knees replaced. I was in agony constantly after my first knee was replaced but was encouraged to go ahead 3months later with the 2nd knee. I am now in excruciating pain 2yrs on and feel like my life is now ruined completely. Can't walk anywhere. Or even stand still. Wish I'd never had it done! I was fit and active before my replacements. I miss my trips out . Walking all day up hills along the canals. I'm now disabled. The opposite of the reason for having my knees done in the first place. I'm looking at compensation but don't know where to start. Could you let me know how you are getting on ?

malpracticechump profile image
malpracticechump

can't remember where i read it but, SSA (social security administration) has now defined CRPS as a medically determinable impairment. I have not looked in to it yet myself. in the past I have been told that I'm not eligible for disability because i need 39 credits of work and 20 those credits had to be earned in the last 10 years that I don't have because I stopped working to spend 9 years (2004-2013) being the primary care giver for my grandmother and both parents all at the same time. my CRPS started in 2000 when medical malpractice journey started. the multiple doctors (who weren't doctors just business people who were more concerned about getting rich, avoiding malpractice at all costs, keeping their accounts receivable full, and scheduling appointments so far out that can't get one when you need help now. it took me 5 months just to see a orthopedic recently. I went to the Mayo Clinic in Florida in 2014. at that time i was "diagnosed with psoriatic arthritis for many years then diagnosis was switched to neuropathy(s) along with various other diagnosis. i told the "doctor" all of the symptoms of the pain i had been experiencing for 14 years and other symptoms not related to pain. after 2 weeks of appointments all he came up with was "chronic achilles tendonitis and heel spurs". it took another 6 years (total of 20 years) before i was finally diagnosed with CRPS with all the symptoms that i had been telling for years along with other symptoms of CRPS that i had but wasn't aware of until after the diagnosis. sorry for rambling on. check with the SSA to see if you are eligible. good luck

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