Fact file - Defending a medicolegal case

In order to succeed, a claim for medical negligence must prove that the practitioner involved had a duty of care to their patient, this duty was breached and that the breach resulted in harm to the patient. However, if it can be demonstrated that the claimant contributed in some way to their own injuries, this…

In most medical negligence claims, the patient’s medical record is the most important source of evidence and will come under close scrutiny. While the claimant has visible injuries that can be shown to a court, the defendant can only rely on the written records to prove what procedures were performed and what sequelae are being…

Chronic pain is a debilitating condition that affects millions of people each year across the world. Historically, pain has always been viewed as a purely biological process and psychological and social factors were considered irrelevant. If no obvious organic cause could be found, patients were often referred to a psychiatrist for treatment for their condition,…

Pain is defined as chronic when it lasts for more than three months. At this point, it stops being just a symptom and becomes a condition in its own right, although it is also associated with many other diseases, such as cancer, arthritis, back pain, complex regional pain syndrome and fibromyalgia. The condition is relatively…

An accurate and reliable assessment of the patient’s condition is crucial in achieving a fair outcome in medicolegal cases involving chronic pain. While assessment of acute pain is relatively straightforward, measurement of chronic pain, and the effect it has on the patient’s day-to-day life, is more difficult. Pain assessment is particularly challenging in patients who…

Pain is the body’s warning system: it tells us that we have sustained an injury and need to heal. In most people, pain is a transient phenomenon, lasting only until the healing process is complete. However, some individuals report pain lasting for weeks, months or even years after the initial injury or accident. This can…