How To Sue A Doctor For Pain and Suffering

Sue Anyone in Small Claims Court How To Sue A Doctor For Pain and Suffering

How To Sue A Doctor For Pain and Suffering

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“Pain and suffering” refers to the physical and emotional injuries a victim sustains. In medical malpractice cases, pain and suffering are injuries that are a result of a medical practitioner’s negligence. If you’ve been injured by someone’s negligence, you should seek compensation in the form of “damages” — losses associated with the incident.  

Proof of pain and suffering may take multiple forms, but it is important to amass evidence to support your claim. Also, record any written pain and suffering after the “date of incident” to further present a history of afflictions related to your case. 


In the wake of pain and suffering claims, settlements are often offered; reasonability is determined through the monetary value in relation to your own personal experience. If there are multiple additional circumstances that increase or decrease this amount, including permanent injury — factoring in pain and suffering and deciding whether this offer is reasonable or not. 

Below, you will find a guide on how to file a lawsuit against a doctor for pain and suffering. You’ll also find a solution to the uncertainty that suing for “pain and suffering” creates; DoNotPay offers a streamlined, comprehensive, and clear method of filing a lawsuit.

What Counts as Pain and Suffering? 

Pain and suffering is a comprehensive term that outlines many afflictions associated with injury and damages at the hands of a doctor or hospital. The table below outlines various injuries that can be categorized as pain and suffering:

 

Physical Pain This can be any pain that is recurring and that did not exist before the incident, such as:

  • Chronic pain
  • Discomfort
  • Muscle injury
  • Sciatica 
Permanent Injuries and Disabilities  These are permanent injuries and disabilities that have directly resulted from the actions of the defendant, such as:

  • Losing a limb 
  • Paralysis
Decreased Movement A loss of functionality or mobility as a result of injuries or damages incurred by the defendant, such as:

  • Needing to use a walker
  • Needing a wheelchair
Loss of Bodily Function A loss of bodily function that is a direct product of the actions of the defendant, including:

  • Muscle movement
  • Organ functionality, such as liver damage and heart failure 
Mental and Emotional Stress, Anguish, Trauma, PTSD Any emotional reaction to the incident that has impacted your ability to function, do work, and retain a “normal” lifestyle, such as experiencing flashbacks that are a result of the defendant’s actions.
Anxiety or Depression Any mental health conditions that relate to the incident, such as experiencing thoughts of self-harm, needing to see a licensed psychotherapist or mental health professional. 
Loss of Consortium  A standalone claim brought by the family of an individual who has died or been killed as a result of a defendant’s actions.

 

How is Pain and Suffering Calculated? 

Most courts use the following two methods to simplify fair compensation for pain and suffering:

Per Diem Method

The per diem method can be described as:

  • Coming up with a dollar value that the victim receives each day while healing from the injuries incurred
  • Value typically equates to an individual’s daily wages or benefits lost per day
  • The dollar amount is multiplied by the number of days it takes the victim to recover 

For example:

  1. A per diem amount assigned by a court is $500
  2. It takes the victim 100 days to recover
  3. $500 x 100 = $50,000 
  4. The total amount payable would be $50,000

Multiplier Method

The multiplier can be described as:

  • Multiplying the victim’s medical expenses by a number that reflects the severity of injuries incurred
  • The number indicating severity is typically between 1.5 and 5

For example:

  1. Economic damages of a victim are $20,000 
  2. The damages are severe, so a 5 out of 5 on the scale
  3. $20,000 x 5 = $100,000
  4. This would be additional to the $20,000 in economic damages
  5. The total amount payable would be $120,000

How to Sue a Doctor or Hospital for Pain and Suffering

These are the four requirements to establish medical malpractice and solidify cases:

  • Duty of Care – A doctor owes consumers a duty of care, which is treatment within a reasonable scope of the doctor’s skillset, care, and diligence as any other reasonable physician would do in the same circumstances. 
  • Dereliction/Failure to Fulfill – This refers to the failure of a medical professional or hospital to meet “duty of care” — not providing the patient with the treatment and expertise needed.  
  • Direct Causation – You must prove that the dereliction (step 2) was the reason that you suffered harm; it must be the direct cause of injury or damages.  
  • Damages – You must establish that you’ve suffered harm; physically, mentally, or both. You must have evidence to prove this, including but not limited to, medical records, prescriptions, or the testimony of credible witnesses (a therapist, for instance). 

Proving Pain and Suffering

Often, it is not enough to tell a judge that you’ve endured pain and suffering. There must be evidence to substantiate that claim. Below, find a guide to the types of evidence you need to be successful in this suit. 

  • Doctor’s Notes: A doctor’s note provides a record of injury for the court, which is helpful in determining the extent of damages in daily life. 
  • Medical Examination Records: These can be lab reports, requisitions, prescriptions, and even test results. 
  • Documentation from Therapists/Psychologists: This can be records of payment, reviews, or recommendations from therapists.  
  • Rehabilitation Documentation: If you’ve had to attend any rehabilitation facilities as a result of the injuries incurred, you can present this to the court. 

Sue a Doctor for Pain and Suffering Through DoNotPay  

Although it appears to be easy, the broad spectrum of proving pain and suffering is often difficult. As a solution to this problem that is easily accessible and affordable — DoNotPay offers an automated lawsuit filer. It streamlines the legal process without compromising success. All you need to do is:

  1. Log on to DoNotPay on any web browser and select “Sue Now”
  2. Enter the dollar amount that you are owed (this could be lost wages or even adequate compensation to cover injuries and medical bills)
  3. Select whether you’d like to receive a demand letter or court filing forms
  4. Describe your reason for filing the lawsuit, and submit any additional details (including your photo evidence)

That’s all! DoNotPay covers the extensive process of suing a doctor in an instant! The robot lawyer will generate a demand letter or court filing forms for you, and a copy of your demand letter will be mailed to the doctor you are suing!

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