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It is easy to convince others about a medical problem that can be seen, such as a broken bone or a scar. It becomes more of a challenge to seek acknowledgement of a problem that cannot be seen or experienced. Yet that is the challenge facing an accident victim that has been forced to deal with ongoing pain.
Methods that a lawyer can use, in order to prove a client’s pain in a courtroom
Obtain detailed medical records from those that have seen the client, soon after he or she sustained a given injury. The same records should have information on any treatments or medications that were prescribed and tried. Encourage client to keep a journal or diary. Each day record any episodes of pain. Note the severity of that painful sensation. List any treatments tried; list any limits the pain placed on a physical activity. That should include those activities that are part of daily living, such as dressing or bathing.
Get the testimony of those that live in the same household as the injured victim, or from those that work with the same individual. Testimony from neighbors should also prove helpful. Any of those people should have become familiar with the client’s activities, before he or she became the victim of an accident.
Track down medical experts: Some might be experts on how a given accident can cause a victim to suffer pain. Others might have acquired some insight on a new diagnostic tool. If you are working with an Injury Lawyer in Orillia, they will help you schedule appointments with the right specialists.
Is there a way to diagnose pain?
If the pain has been caused by a strain, a lawyer’s client can be tested for the presence of strained muscles. One such FDA approved test relies on measurements made by shear wave ultrasound. A more recent one relies on something called shear wave elastography. Hospitals must gain some insight into a patient’s level of pain, when admitting that same patient. In the emergency room, patients get shown a chart with a row of different faces. At one end the face is smiling; at the other end, it bears a grimace. The patient gets asked to point to the face that does the best job of depicting the patient’s feelings, after feeling pained, while dealing with an illness or recovering from an injury.
In a hospital, a patient’s complaint can trigger a doctor’s search for the root of the problem. Mention of pain pushes the doctor to order tests, in order to determine what physical ailment has caused the painful sensation. That fact highlights the extent to which any physician knows something about pain, and it showcases the knowledge possessed by a medical expert.