Compartment syndrome is a painful and potentially serious condition which, if misdiagnosed, can have severe consequences. It has similar symptoms to a number of other conditions, and hence it is essential that medical professionals make their diagnosis carefully. A misdiagnosis or delayed diagnosis of compartment syndrome may result from medical negligence, and in these cases, you may be able to claim compensation.
At Devonshires Claims, we have a team of compassionate, experienced medical negligence solicitors who can advise and represent you in a compartment syndrome misdiagnosis negligence claim. We all place our trust in healthcare professionals to take care of us, unfortunately, sometimes the standard of that care can fall below an acceptable standard. Although money can never undo the pain and suffering you have experienced, it can help you fund the care, rehabilitation, and lifestyle changes you may need to live your life under new circumstances.
Reasons to bring a claim for compartment syndrome misdiagnosis
Compartment syndrome can lead to permanent muscle damage if not detected and treated early. The challenge for medical professionals is that there are two types of compartment syndrome, acute and chronic. Acute compartment syndrome is a medical emergency, whereas chronic compartment syndrome is not. It is, therefore, essential to diagnose the correct type as soon as possible and provide the necessary treatment.
You may be able to claim compensation if:
- compartment syndrome was misdiagnosed
- compartment syndrome diagnosis was delayed
- an incorrect diagnosis was made
- the wrong treatment was provided for your compartment syndrome
If you believe that you may have a compensation claim for compartment syndrome misdiagnosis, please get in touch with our medical negligence team immediately. They will swiftly evaluate your case and advise you on our ‘No Win – No Fee‘ terms. For more information or to start your free no-obligation case evaluation, contact us on 0333 577 9444, email [email protected] or complete our online form.
Read our FAQs
In the human body, groups of muscles (including the blood supply and nerves) are contained within a protective tissue known as fascia – these individual bundles of muscle, blood vessels, and nerves are called ‘compartments’. Compartment syndrome occurs when these bundles become swollen. As a result of this swelling, pressure builds up within the compartment leading to pain and if not treated soon, damage to the muscle/nerves.
Compartment syndrome is typically seen in the legs, feet, arms or hands.
Compartment syndrome can be serious, however, this depends on the type. Acute compartment syndrome is a medical emergency and commonly occurs following a fracture or serious injury. If not treated quickly enough, muscle and nerve tissue can be permanently damaged. Chronic compartment syndrome has a sudden onset, and is sometimes caused by repetitive movements or exercise. This type can be painful, but it will generally pass once the activity is stopped. As such, not all cases of compartment syndrome are serious.
Acute compartment syndrome often occurs following injury and will generally get worse very rapidly. Symptoms may include:
- intense pain – especially if the muscle is stretched
- tenderness/soreness in the affected area
- tightness in the muscle
- tingling or burning sensation
- numbness or weakness (these are signs of permanent damage)
If compartment syndrome is suspected, it is essential to visit an accident and emergency department as soon as possible. Surgery may be required, which will involve making an incision into the fascia tissue to enable the muscles to swell and for the pressure in the compartment to be relieved.
Left undiagnosed, the damage caused by acute compartment syndrome may be irreversible. The swelling will continue to increase and eventually, the muscle will lose its blood supply, and muscle tissue death (necrosis) occurs. Problems which arise include:
- permanent contracture of the muscle
- loss of limb function
- permanent nerve damage; and/or
- rhabdomyolysis (muscle breakdown)
- kidney damage
Compensation can help you fund rehabilitation, counselling, adjustments to your home, and other costs associated with making your life as positive as possible despite having suffered as a result of compartment syndrome misdiagnosis.
To make a compartment syndrome misdiagnosis compensation claim, speak to one of our medical misdiagnosis compensation Solicitors. They will take the time to listen to the details of your case in an empathetic and caring manner and advise if you have grounds for a claim. To do so, they will assess if you were owed a duty of care, whether the duty of care was breached (i.e. the standard of care received fell below the required level), and whether breaching the duty of care caused your injuries. If these three facts are true and can be backed up with expert evidence, you may have a strong case for compensation.
Your Solicitor will handle your case for you, including collating the necessary evidence (medical records and correspondence) and will write to the organisation responsible for your care outlining the grounds for your claim.
Yes; the ‘limitation’ period to bring a claim for medical negligence is three years from the date of the injury. In other circumstances, the three years can run from the date of knowledge of the injury if this is later. This means that if you became aware of the injury or diagnosis weeks, months, or even years later, the three-year period would have commenced from that point. In rare circumstances, the Court may use its discretion to extend the limitation period, but only for exceptional reasons.
Yes; Devonshires Claims can provide:
- ‘No Win – No Fee’ claims service for compartment syndrome misdiagnosis compensation claims.
- ‘No Win No Fee’ arrangement is also known as a ‘Conditional Fee Agreement’. Under a No Win No Fee agreement, you will not be charged any costs if your case is not successful*.
If you win your case, you will pay a maximum of 25% of your damages in Solicitor’s fees**.
For more information on our ‘No Win – No Fee’ agreement, please click here.
Medical negligence injury claims are rarely completed quickly. The timescale for a compartment syndrome misdiagnosis claim will depend on individual circumstances of your case; however, most cases commonly take between two and three years to fully conclude. Factors which will affect how long your claim takes may include:
- the severity of your compartment syndrome and associated complications
- your long-term prognosis
- whether ongoing care is required
- how much rehabilitation is needed
- whether you require costs to cover home modifications
- whether the defendant admits liability (if they do, claims can usually be concluded much faster).
Compensation claims for compartment syndrome misdiagnosis not only reflect the physical and mental pain and suffering experienced but also:
- Allow victims to obtain justice for the mistreatment and negligence they experienced
- Highlight failings in clinical practice, standards of care and protocols
- Provide families with an explanation of the incident and an apology if shortcomings are acknowledged
The compensation payment will depend on several factors:
- The pain and suffering of the victim
- The prognosis of the victim
- The impact of the delay and / or negligence on health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
- Any financial losses resulting from the injuries – including past loss of earnings, medical expenses, travel expenses and equipment costs
- Any future financial losses, e.g. loss of earnings, loss of promotion prospects, pension
Compensation for medical negligence injury fall into two main categories:
- General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life.
- Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.
Why choose our medical negligence experts to represent you
Devonshires Claims’ medical negligence and compensation claims experts will carefully assess your case and will tenaciously fight to obtain the maximum compensation for the injuries you have sustained. Our team are compassionate and driven, and we will put you in touch with other support services such as counsellors and clinical case managers who can help you recover.
To begin your compartment syndrome compensation claim, contact Devonshires Claims medical negligence solicitors today. We offer our clients:
- A free no-obligation case evaluation
- A No Win No Fee agreement
- Access to an extensive network of specialist medical and dental experts
- Access to specialist barristers
- Over 20 years’ experience in securing compensation for our clients