The Legal & Medical Implications Of Delays In Diagnosing Compartment Syndrome

Carolle White

Compartment syndrome is a serious medical condition that, if not diagnosed and treated promptly, can lead to severe consequences, including permanent muscle and nerve damage, and even amputation. This condition occurs when excessive pressure builds up inside an enclosed muscle compartment, restricting blood flow and causing tissue death. Given its rapid progression, timely diagnosis is crucial as delays in diagnosing compartment syndrome can lead to significant complications.

Symptoms of compartment syndrome

Compartment syndrome can occur in any muscle, but it most often affects the muscles in the lower legs and forearms.

Symptoms include:

  • pain in a muscle – this may feel like a burning pain or a deep ache (moving the body part can make the pain even worse)
  • swelling or bulging of the muscle
  • numbness, weakness or pins and needles
  • tightness or difficulty moving the affected body part

The symptoms can start suddenly, typically arising from traumatic injuries such as fractures, crush injuries, or severe bruises. This is called acute compartment syndrome.

Symptoms can also come on gradually after exercising and go away when you rest. This is called chronic compartment syndrome.

Acute compartment syndrome requires immediate medical attention to relieve the pressure, often through a surgical procedure called fasciotomy. Chronic compartment syndrome, on the other hand, develops over time due to repetitive activities and is usually less urgent but still requires proper management.

Consequences of delayed diagnosis

The outcomes of delayed diagnosis in compartment syndrome can be catastrophic:

1. Permanent muscle damage: prolonged pressure can lead to irreversible muscle damage, impairing limb function.

2. Nerve damage: the compressed nerves can lose functionality, resulting in numbness, tingling, or paralysis.

3. Infection: dead tissue can become a breeding ground for infection, complicating recovery.

4. Amputation: in extreme cases, the lack of blood flow can necessitate amputation of the affected limb to save the patient’s life.

Reasons for diagnostic delays

Several factors can contribute to delays in diagnosing compartment syndrome:

1. Misinterpretation of symptoms: early symptoms such as pain, swelling, and tightness can be misattributed to less severe conditions, delaying appropriate investigations.

2. Inadequate monitoring: patients with fractures or other high-risk injuries may not be monitored closely enough for signs of compartment syndrome.

3. Lack of awareness: issues with recognition of the early signs of compartment syndrome.

4. Systemic failures: issues such as long wait times in emergency departments or insufficient staffing can contribute to delays in diagnosis.

Bringing a legal claim

When a delay in diagnosing compartment syndrome results in harm, affected persons are able to pursue a legal claim for clinical negligence seeking compensation for their injury. To establish a successful claim, the following legal tests typically need to be proven:

1. Breach of duty of care

A doctor owes a duty of care to the patients they treat to provide appropriate medical treatment. If the healthcare provider fails to meet the appropriate standard of care, for instance, by not recognising symptoms or failing to act promptly, it may be possible to establish that the doctor has breached their duty of care to the patient.

Doctors are not judged according to a “gold standard” but against the standards of treatment that a reasonably competent doctor is expected to provide.

2. Causation

It is also necessary to establish that the substandard caused and/or materially contributed to a worse outcome. If there is evidence of substandard care, but that this has not made the outcome worse, there can be no claim for compensation.

If the above legal tests can be proven then a claimant may be able to recover compensation for their injuries. Please check out our previous blog which covers the sorts of compensation a claimant may recover in a successful claim.

Conclusion

Delays in diagnosing compartment syndrome can lead to severe and sometimes irreversible consequences. It is imperative for healthcare providers to accurately assess patients and to be aware of the potential for the symptoms being caused by compartment syndrome as time is of the essence in order to avoid and/or lessen injury.

How can we help?

Carolle White is a Legal Director and CDelayed Diagnosis Compartment Syndromehartered Legal Executive in our expert Medical Negligence team, which is ranked in Tier One by the independently researched publication, The Legal 500, and Commended in The Times Best Law Firms 2024. Carolle specialises in high-value and complex medical negligence cases and inquests.

If you require any advice in relation to the subjects discussed in this article, please do not hesitate to contact Carolle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.

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