Medical Malpractice
Greg Prosmushkin
Aug 27, 2021

Medical negligence can cause significant damage and long-term harm to patients. Patients who are victims of medical negligence have the right to take legal action against the responsible medical professional.

In some cases, patients may even be able to file a criminal complaint against the responsible parties. Damages for a civil lawsuit could include compensation for economic and non-economic harms.

In medical malpractice law, victims of medical malpractice can file a legal complaint, or lawsuit, against the responsible parties. Pain and suffering are among the most common and harmful damages that a person may incur in these situations. Here, we will talk about what is often referred to as pain and suffering in such claims.

What is it?

These incidents can result in different types of damage. Pain and suffering are just one type of damage that result from medical malpractice. Pain and suffering are a way to account for the intangible physical and emotional suffering by a victim when they have been harmed in an accident or as a result of malpractice. 

Pain and suffering in a medical malpractice context may include the following: 

  1. Physical harm or injuries may include back pain, headaches, neck pain, nerve damage, fractured bones, etc. 
  2. An accident may also result in psychological and mental distress, known as emotional distress or mental anguish. Emotional distress may lead to fear, insomnia, grief, anger, or post-traumatic stress disorder (PTSD). 

Speaking of medical malpractice claims, it is important to understand that accident injury are included in general damages only. Damages for pain and suffering are compensation for non-economic damages caused by the negligent medical professional.

Discuss all your concerns with a lawyer for help handling this complex area of law. Doing so will protect your right to recover monetary compensation for your medical expenses, property damage, pain, and emotional suffering.

Understanding different types of pain and suffering

There are two types of pain and suffering that a victim may endure in a medical malpractice case: 

  • Physical pain and suffering: 

This may include the pain that is caused by the injuries. Physical pain may contribute to physical disabilities that make it hard for an individual to live and perform routine daily activities or engage in physical labor. This may include pain and suffering caused by bodily injuries, disfigurement, scarring, and more.

  • Mental pain and suffering: 

The other types of pain and suffering may include mental anguish and emotional distress caused by the injuries. Cognitive limitations can lead to serious mental health conditions such as PTSD, anxiety, sleep problems, lack of energy, appetite, weight gain or excessive weight loss, and more. These situations can prevent an individual from performing work and may limit their ability to enjoy life. 

The recovery period can affect Pain and Suffering

The recovery period for pain and suffering plays a significant role in injury cases because of these two reasons: 

  • After an accident, your medical records will serve as evidence and prove the injuries’ existence and severity. 
  • The recovery period can even increase an individual’s pain and suffering. 
  • If your pain or discomfort is interfering with normal activities of daily living, there is a chance that you may have to deal with other physical and mental health conditions. Being in pain can impact the ability to work, and several weeks or months may be required for recovery. 

How to prove pain and suffering 

If an accident happens due to negligence, proving pain and suffering can be daunting. That is why it is so important to collect and document evidence. One must have proper evidence to prove pain and suffering that reveals the physical and emotional impairment you have suffered.

The following evidence may help to prove pain and suffering in a medical malpractice claim: 

  • Medical evidence, such as a hospital or medical bills 
  • Examination reports of pain and suffering 
  • A doctor or physical therapist’s written opinions and notes
  • Images and results of CT scans, x-rays, and other diagnostic tests
  • Mental health professional notes 
  • Personal documentation such as a daily diary, journal, and witness statements

Will I receive compensation for pain and suffering? 

You may receive compensation for pain and suffering when you prove the accident occurred due to negligence by a physician or healthcare facility. It is crucial to obtain the required evidence to demonstrate who caused the accident and how.

The amount of compensation may vary depending on the severity of your injuries, long-term prognosis, and overall health condition. 

You can consult a (different) healthcare provider for issues related to your injuries. The opinion and notes by the healthcare professional will also make it easier for you to establish damages. Several factors may impact the compensation you receive for your pain and suffering. You should have the following documentation:

  1. Medical evidence and a statement by the healthcare professional – A reasonable medical statement helps to prove that the impairment occurred due to medical negligence. An attorney can help you identify medical experts qualified to support your case.
  2. Detailed testimonials – Testimony by a specialist helps to prove that negligence occurred due to unreasonable medical practices provided by the healthcare professional. 

You can contact a Philadelphia Personal Injury Attorney to get compensation for your injuries. He can help you take safe and effective steps during these difficult times. Consult an attorney if you have been the victim of medical negligence or any other type of personal injury.