Pain and Suffering: What is it and How is it meaningful in a legal case?

Pain and Suffering: What is it and  How is it meaningful in a legal case?

Posted January 13, 2023


Pain is often referring to the experience one has from physicial injury. Suffering is often alluding to the conscious experience of mental anguish.


Nurses are uniquely qualified to assess pain and suffering, because according to the American Nurses' Association, in direct patient care, "Nurses have an ethical responsibility to relieve pain and the suffering it causes". As a Legal Nurse Consultant, I still feel that moral responsibility to assist clients with these issues via the avenues that are available to me in this role.


A Pain & Suffering Analysis Summary Report (a category of the Federal Rules of Evidence 1006) is a tool to help accomplish this obligation. This is an apparatus to evaluate non-economic damages that a patient has experienced. It is particularly useful in Personal Injury and Medical Malpractice cases.


It is developed by a thorough review of the case, in all aspects. For instance, we begin with the medical records. We track every pain assessment that was documented by healthcare providers, as well as any quotes further describing the experience of pain. Also, we take into account interviews with the client, as well as any pertinent diary entries that may illustrate the suffering the patient continues to undergo. We take into account the complications of the initial injury, as well as any medications or treatments that are required to help with the continued impact of the physical and emotional injuries.


One of the most poigniant portions of the Pain and Suffering Analysis Summary Report is the vivid description of the complications and problems experienced by the client. This can be depicted, not only in a narrative, but in a graph, chart, photo, video, graphic illustration, or other means.


As you can see, this instrument, the Pain & Suffering Analysis Summary Report, can be the key to quantifying non-economic damages and possibly increasing the award amount for medical legal cases. Call us today to find out how we can put this tool to work for your cases: Cerbry Consulting, LLC, (602) 290-6554. 



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