This page is about compartment syndrome medical malpractice lawsuits. We look at
- Compartment syndrome
- Common common compartment syndrome malpractice case
- The type of malpractice claims that are most likely to be successful
- Compartment syndrome settlement amounts and jury payouts
Compartment syndrome occurs when swelling or bleeding in an area creates excessive pressure within a particular muscle compartment area in the body. The compartmentalized bleeding or swelling is typically the result of a recent physical injury. The pressure can prevent blood from circulating to the affected area and require emergency surgery. Failure to see the signs and symptoms of compartment syndrome and fail to rule out this condition sometimes results in medical malpractice lawsuits. Our lawyers handle compartment syndrome malpractice cases.
What is Compartment Syndrome?
Muscles, organs, and other internal structures in the human body are organized into distinct areas known as “compartments.” These are effectively separated by a type of internal segment wall made up of connective tissue, referred to as fascia. This fascial tissue plays a critical role in maintaining the structural integrity of each compartment.
When a physical injury occurs— often a fracture, crush injury, or severe bruise—fluid and/or blood often start to accumulate within the affected compartment. This accumulation can lead to swelling, a natural response of the body attempting to protect and heal the injured area. However, the fascial walls that define these compartments are not very elastic and have minimal capacity to expand.
As swelling increases, the inelastic nature of the fascia leads to a significant rise in pressure within the compartment. This elevated pressure can become problematic very quickly. Once it reaches a critical threshold, it begins to impede the normal flow of blood to and from the compartment. This interruption of blood flow blocks vital nutrients and oxygen from reaching the tissues, leading to a condition where the affected tissues may begin to die—a process known as ischemia.
This ischemic process can lead to severe outcomes, including permanent damage to muscles and nerves, loss of limb function, and in severe cases, can necessitate amputation or lead to death. This condition, known as compartment syndrome, is most commonly observed in the arms, legs, and abdominal areas. Immediate medical intervention is essential to relieve the pressure and restore normal circulation to prevent irreversible damage and potentially life-threatening consequences.
What Causes Acute Compartment Syndrome?
Compartment syndrome comes in 2 different forms: (1) acute compartment syndrome; and (2) chronic (exertional) compartment syndrome. The focus of this page is on acute compartment syndrome, which is much more common and normally associated with significant physical injuries. Chronic compartment syndrome is caused by repetitive motions, usually from exercise.
Acute compartment syndrome is something that develops very fast, typically within a few hours or days after the injury or other triggering event. The types of physical injuries or other conditions that can cause compartment syndrome include:
- Bone Fracture: Broken arms or broken legs are the leading cause of compartment syndrome, accounting for just over 75% of all cases. Compartment syndrome can be triggered by the orthopedic fracture itself (particularly severe compound-type fractures) and the related swelling from blood and fluid. In other cases, compartment syndrome might not result from the actual bone fracture but rather from casting or orthopedic surgery used to treat the fracture.
- Deep Muscle Bruise: compartmental syndrome can sometimes be triggered by deep or severe muscle bruises, which result in extensive localized swelling, particularly when they occur in the legs or arms. Deep bone bruises are commonly seen on the legs of riders in low-speed motorcycle accidents.
- Blood Clots: blood clots in the arms or legs are also capable of triggering compartmental syndrome in some cases.
- External Constriction: in rare cases compartmental syndrome can be caused by external constriction on the arms or legs such as from overly tight bandages or overly constrictive clothing that restricts blood circulation.
- Anabolic Steroids: people who regularly take anabolic steroids are at an increased risk for developing compartmental syndrome.
What Are the Symptoms of Compartmental Syndrome?
Localized pain within the affected area is the primary symptom of compartmental syndrome. The pain from compartmental syndrome is often triggered or more acute when the decaying muscle within the compartment is moved or stretched. Symptoms generally include:
- Significant pain, which seems more intense than normal injury pain. Using or stretching out the affected muscle or area will often trigger an acute burst of additional pain.
- Burning or tingling feeling in the skin around the affected area.
- The sensation of fullness or tightness within the affected muscle.
- In the later stages of compartmental syndrome, symptoms may start to include paralysis or loss of feeling in the affected area. This is an indication that irreversible damage to the muscle or tissue has occurred.
Treatment for Acute Compartmental Syndrome
Acute compartmental syndrome can be a medical emergency requiring immediate intervention. The only effective treatment is surgery. Surgical treatment typically involves a procedure called a fasciotomy. This is basically a surgical incision through the skin and fascia wall of the compartment, designed to alleviate swelling and hopefully restore blood flow into the compartment. Once the swelling goes away, the surgical incision can be closed up.
Compartment Syndrome Malpractice Lawsuits
Compartment syndrome malpractice cases often involve claims that medical professionals failed to diagnose or adequately treat the condition, leading to severe and permanent injuries. Here are some key aspects of such malpractice cases:
Failure to Diagnose Compartment Syndrome
Medical providers may be held liable for failing to recognize the signs and symptoms of compartment syndrome, especially following injuries known to lead to such conditions, like fractures or crush injuries. Our lawyers see this in 90% of compartment syndrome medical malpractice lawsuits.
The problem doctors have that leads to malpractice lawsuits is that early symptoms of compartment syndrome, such as pain that seems out of proportion to the injury, can be subtle and easily mistaken for normal post-injury pain. This is especially true in patients who are unable to communicate effectively due to severe trauma, young age, or sedation.
So a common theme in compartment syndrome medical malpractice lawsuits is the patient has usual pain, and the doctors chalk it up to something else and do not monitor it (or communicate the concern downstream to the next shift). The delay in diagnosis prevents timely intervention, resulting in irreversible damage.
Inadequate Treatment of Compartment Syndrome
Proper treatment of compartment syndrome often requires a surgical procedure called a fasciotomy, where incisions are made in the fascia to relieve pressure. Failure to perform this surgery in a timely manner or improper performance of the procedure can be the foundation of a compartment syndrome malpractice lawsuit.
Monitoring Failures
Continuous monitoring of compartment pressures is critical in situations where patients are at high risk for developing compartment syndrome, such as after certain types of surgery or severe injuries. Neglect in monitoring or interpreting pressure measurements correctly can lead to delayed treatment.
Inadequate Postoperative Care
Even after initial treatment, patients require careful observation to ensure that compartment pressures do not re-escalate and that circulation to the affected tissues is maintained. Failures in postoperative care will often exacerbate the condition or lead to recurrence.
Documentation and Communication Errors
Errors in documenting patient status, symptoms, and treatment can lead to mismanagement of the condition. Again, alerting subsequent treaters of the concern so they can monitor the possible development of compartment syndrome is a big theme our lawyers see in compartment syndrome malpractice lawsuits. Additionally, poor communication among healthcare providers can result in a lack of timely and coordinated care.
How Likely Am I to Win a Compartmental Syndrome Malpractice Lawsuit?
A study published in the Journal of the American Academy of Orthopaedic Surgeons offers insight into the likelihood of success in a compartment syndrome claim. This study reviewed 139 legal cases sourced from the VerdictSearch database, focusing on malpractice claims associated with acute compartment syndrome.
The results from the study indicate:
- Overall Success Rate for Plaintiffs: About 24% of the cases resulted in a ruling favoring the plaintiff.
- Settlements: Approximately 27% of the cases were settled out of court.
- Defendant Victories: In 50% of the cases, the verdict favored the defendant (usually the healthcare provider or institution).
Factors Influencing Plaintiff Success:
- Demographics: Juvenile plaintiffs and female plaintiffs had a significantly higher likelihood of winning their cases compared to adults and males, respectively.
- Context of Compartment Syndrome Onset: Plaintiffs whose acute compartment syndrome developed as a complication of surgical procedures were more likely to win their cases and receive higher compensation, compared to those whose condition arose from trauma.
- Influence of Severe Outcomes: Interestingly, factors such as amputation or delays in diagnosis or treatment did not significantly affect the outcomes of these lawsuits, contrary to what might be expected.
Obviously, the study could not measure the quality of the victim’s compartment syndrome attorney, but it certainly makes a big difference.
The take-home message from the study is that your chances of winning are influenced by the specific circumstances of your case, such as your demographic profile and how the condition developed. Those who developed the syndrome post-surgery, as well as juveniles and women, have a statistically higher chance of favorable settlement or jury award/
Compartmental Syndrome Malpractice Settlement Amounts and Jury Payouts
Compartmental syndrome is frequently a complication resulting from physical injuries suffered in car accidents, slips and falls, workplace incidents, and other types of personal injuries that frequently lead to litigation. Compartment syndrome can also be at issue, of course, in medical malpractice cases. Listed below are reported settlements and verdicts from personal injury and medical malpractice cases in which compartmental syndrome was involved.
- Anonymous v. VA (Virginia 2024) $1.6 million: A 25-year-old female veteran with no past medical history experienced a severe medical ordeal following untreated necrotizing fasciitis and compartment syndrome. Initially presenting to a Richmond Veterans Affairs Emergency Department with intense left leg pain, mild fever, and rapid heart rate and respirations, she was misdiagnosed with sciatica and discharged with oral steroids. Her condition deteriorated, and she returned to the same ED later, unable to walk and hypotensive, but was again discharged with only a muscle relaxer and Tylenol. No diagnostic tests or specialist consultations were performed during these visits. Subsequently, at another hospital, she underwent an emergent fasciotomy for compartment syndrome secondary to a necrotizing infection, which had escalated to septic shock, necessitating an above-knee amputation and extensive hospitalization for sepsis-related complications. The plaintiff filed a federal tort claim, leading to a $1.6 million settlement prior to filing a lawsuit.
- Riley v. County of Middlesex (New Jersey 2024) $1 million: The plaintiff fractured her knee and was treated at CentraState Medical Center while in police custody. After treatment, she was discharged with specific instructions for care, including the use of crutches, leg elevation, and anti-inflammatory medications. Upon transfer to the Middlesex County Adult Correction Center, the intake process failed to adhere to these instructions. The plaintiff was not provided crutches, was forced to bear weight during an unlawful strip search, and did not receive her prescribed medications. After experiencing severe pain and being denied assistance, she was rushed back to the hospital and diagnosed with acute compartment syndrome, requiring a double fasciotomy. She now suffers from permanent physical deformities and ongoing neurological issues. The case settled for $1 million after mediation, with the county sheriff’s officers contributing $750,000 and NaphCare settling for $250,000.
- Thapa v. St. Cloud Orthopedic Associates, Ltd. (Minnesota 2023) $111 million: The plaintiff, who broke his leg during a soccer match, was treated at St. Cloud Hospital. Again, this long bone break is a common theme in these lawsuits. Following surgery, he developed compartment syndrome, resulting in additional surgeries and permanent disabling injuries requiring ongoing care. The plaintiff sued St. Cloud Orthopedic Associates for medical negligence and negligent nondisclosure, alleging failure to properly evaluate his symptoms and inform him of the risks. A jury awarded $111,251,559.22 to a plaintiff who developed complications after surgery for a broken leg. The award includes $10 million for past pain and suffering, $100 million for future pain and suffering, $493,073.22 for past medical expenses, and $758,486 for future medical expenses.
- Thomas v. Shopping Plaza (Florida 2022) $1,000,000: This is not a medical malpractice lawsuit, but it is a compartment syndrome lawsuit our lawyers thought was worth including as a reminder there are other paths to compensation in these cases, including motor vehicle accidents and premises liability claims. The plaintiff was a 22-year-old warehouse worker who attended a party at a shopping plaza in Palm Bay, Florida. The party, organized by a tenant, lacked necessary licenses and security measures. The claimant was shot in the parking lot, sustaining a leg injury. He sought recovery from the shopping plaza’s insurer, alleging the plaza’s operator negligently failed to secure the premises despite a history of criminal activity. The claimant required multiple surgeries and treatment for a gunshot wound, nerve damage, and acute compartment syndrome, leading to ongoing physical limitations and the risk of leg amputation. At mediation, the shopping plaza’s insurer tendered the policy’s $1 million limit.
Blatchley v. St. Anthony Summit Medical Center (Colorado 2020) $6.3 million: This is another compartment syndrome misdiagnosis lawsuit. A 32-year-old snowboarding coach sustained fractures to his left knee and right heel during a training session. Despite being at high risk for compartment syndrome, timely diagnosis and treatment were not provided. This resulted in severe complications, including an emergency fasciotomy, debridement, skin grafts, and permanent injuries such as foot drop and chronic leg pain. The jury awarded $418,000 for past medical expenses, $937,000 for future medical expenses, $190,000 for past lost wages, $1,140,000 for future lost wages, $48,000 for other past economic damages, $1,100,000 for other future economic damages, $500,000 for past non-economic damages, and $1,500,000 for future non-economic damages to the plaintiff. Additionally, his spouse was awarded $50,0 0 for past non-economic damages and $450,000 for future non-economic damages for loss of consortium. - Galikas v. Baggot Family Farms Inc (Connecticut 2018) $5 million: The Plaintiff was riding his bicycle when he was hit by a box truck being driven by one of the defendant’s delivery drivers. The truck ran over and crushed both of the plaintiff’s legs, resulting in lactic acidosis and compartment syndrome, which was so severe that the left leg had to be amputated below the knee. The case settled out of court for $5,000,000.
- Blatchey v. St. Andrews Medical Center (Colorado 2018) $6.3 million: The Plaintiff broke his leg in a snowboarding accident and underwent surgery to repair the fracture at the defendant’s hospital. Immmediately after the surgery, the plaintiff allegedly exhibited symptoms of possible compartmental syndrome. It was not until several days later, however, that doctors eventually diagnosed the plaintiff’s compartment syndrome, at which point extensive damage had already been done. The plaintiff had to undergo multiple surgeries, including partial amputation of his leg. He hired a compartment syndrome lawyer who sued the hospital and doctors for negligence in failing to timely diagnose his compartment syndrome following the surgery. After a week-long trial in federal court in Denver, the jury awarded $6.3 million in damages, which included $500,000 in loss of companionship damages to the plaintiff’s wife.
- Parker v. Komnick (Illinois 2016) $750,000: Plaintiff underwent orthopedic surgery to repair a broken arm. After the surgery, he had intense pain, but the orthopedic surgeon discharged him. It was later discovered that the plaintiff had compartmental syndrome from the surgery in his arm and suffered permanent nerve and tissue damage as a result. He sued the orthopedic surgeon for failing to diagnose the compartmental syndrome following the surgery.
- Cooper v. Danieli Corp (New Jersey 2012) $925,000: Plaintiff, a 46-year-old supervisor at a steel fabrication factory, was operating a casting machine when a “dummy bar” clamped down and crushed his lower left leg. The injury left the plaintiff with compartmental syndrome in his lower leg, resulting in partial paralysis. He was left with a significant limp and was no longer able to work. The case settled for $925,000.
Contact Miller & Zois about Compartment Syndrome
The lawyers at Miller & Zois have a well-documented track record of success in personal injury and medical malpractice cases. If you or a family member have suffered permanent injury from compartment syndrome resulting from someone else’s negligence, contact us today to see if you might be entitled to legal compensation. Call us at 800-553-8082 or get a free online consultation.