When pursuing a medical malpractice claim, plaintiffs often seek damages for both “pain and suffering” and “emotional distress.” While these terms are sometimes used interchangeably, they represent distinct aspects of a victim’s overall damages. Understanding the differences between them can help plaintiffs and their legal teams build stronger cases and maximize potential compensation.
Defining Pain and Suffering
Pain and suffering refer to the physical and mental anguish a patient endures as a result of medical negligence. This category includes:
- Physical pain from injuries, surgeries, or prolonged medical conditions caused by malpractice.
- Discomfort associated with necessary treatments or rehabilitation.
- Loss of mobility or function leading to a decreased quality of life.
Pain and suffering are considered non-economic damages, meaning they do not have a clear monetary value like medical bills or lost wages but are instead evaluated based on the severity and duration of the pain.
Defining Emotional Distress
Emotional distress, on the other hand, refers specifically to the psychological impact of the malpractice. This can include:
- Anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the experience.
- Fear of medical procedures or doctors due to past trauma.
- Sleep disturbances, mood swings, or other psychological symptoms.
Unlike physical pain, emotional distress can exist even in the absence of a severe physical injury. However, proving emotional distress often requires expert testimony from psychologists or psychiatrists who can demonstrate the impact on the patient’s mental health.
Key Differences and Overlaps
- Physical vs. Psychological Harm – Pain and suffering usually involve physical pain, while emotional distress centers on psychological effects.
- Proving the Damages – Pain and suffering may be supported by medical records, whereas emotional distress often requires psychiatric evaluations.
- Legal Recognition – Some jurisdictions may allow separate claims for pain and suffering and emotional distress, while others may combine them under a general category of non-economic damages.
Seeking Compensation for Both
Because these damages are distinct, plaintiffs in a medical malpractice case can often claim both pain and suffering and emotional distress. A strong case should include:
- Medical records documenting physical pain and treatments,
- Expert testimony from medical and mental health professionals, and
- Personal journals or statements detailing the daily impact of pain and emotional distress.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.