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Anyone who has undergone a medical procedure knows that pain sometimes comes with the territory. However, when it comes to medical malpractice, not all pain is created equal. In other words, while certain types of pain are unavoidable, others may be compensable in a lawsuit if medical malpractice is involved. In this article, we discuss whether you can sue a healthcare provider for causing pain.
What Is Pain and Suffering?
It is possible to sue a physician or other healthcare provider for pain and suffering. Typically, such damages arise in a medical malpractice lawsuit. Pain and suffering in a medical malpractice lawsuit refers to physical pain, anguish, discomfort, and emotional trauma that a patient suffers due to a healthcare provider’s negligence. Specifically, pain and suffering in a New York medical malpractice lawsuit may refer to any of the following ailments:
- Physical pain
- Disfigurement
- Physical impairment
- Loss of enjoyment of life
- Loss of quality of life
- Trauma
- Shock
- Fear
- Humiliation, shame, and embarrassment
- Mental suffering
- Depression
- Anxiety and nervousness
- Sexual dysfunction
- Loss of companionship
- Grief
Liability for Pain and Suffering
A doctor, nurse, or other healthcare provider may be liable for pain and suffering when he or she commits medical malpractice. Medical malpractice occurs when a medical professional fails to meet the standard of medical care that is appropriate in a specific situation. This typically means that the healthcare provider has committed negligence by failing to provide medical care that is reasonable under the circumstances.
Proving Pain and Suffering in a New York Medical Malpractice Lawsuit
To succeed in a medical malpractice case, you and your Long Island medical malpractice lawyer must prove your healthcare provider’s liability and prove your damages. To demonstrate liability in a medical malpractice case, you must prove that your healthcare provider was negligent. To do so, you must provide evidence that:
- You had a relationship with the healthcare provider that imposed a duty of care on him or her;
- Your healthcare provider breached his or her duty of care by failing to abide by the professional standard of care;
- You were injured; and
- Your healthcare provider’s breach of duty caused your injury.
After demonstrating your healthcare provider’s negligence, you must prove your damages. To prove pain and suffering, you must provide evidence regarding the severity of your injuries and the ways that they have affected your life.
Contact a Long Island Medical Malpractice Lawyer
If you have been harmed by a medical provider in the state of New York, you should contact a Long Island medical malpractice lawyer as soon as possible for assistance. At the distinguished law firm of Dell & Dean, PLLC, our talented and knowledgeable Long Island medical malpractice lawyers will diligently pursue a successful resolution of your matter. Please contact us today to schedule a meeting with one of our experienced medical malpractice attorneys.
