Pain and Suffering. The patient agrees and understands that a pain syndrome by definition is a subjective state of pre-existing pain and suffering, and as such agrees not to hold provider responsible for any pain and suffering allegations related to this condition or make any allegations of causation through any treatment by the provider.
Pain and Suffering. 31. Under this head of damages the Court considered the authorities submitted by both the claimant and defendant. The Court also considered the evidence, both from the witnesses and medical evidence. The deceased remained in progressive painful distress exacerbated by the administrative and medical inadequacies from the time of his admission on the 10th of September up to the time of his death. The Court is satisfied that an appropriate award for pain and suffering is the sum of Twenty Five Thousand Dollars ($25,000.00)
Pain and Suffering. 2.3.4.4. Harm, expense, loss, indemnity or damage, provided that these monetary effects are indirect.
Pain and Suffering. 6. Evidence as to the pain and suffering of the claimant has been presented in a clear, precise, credible and cogent manner. The claimant’s evidence speaks to immediate intense and unbearable pains in his right foot, right leg, hip and chest areas, particularly on attempting to move, when the accident occurred. This pain continued while the fire officers were cutting him out of the truck and at the Arima Hospital, where he was initially taken, then at the Xxxx Xxxxxxxx Medical Sciences Complex to which he was transferred. His evidence is that at no point, from the accident site to the hospitals to which he was taken, was he administered any painkillers. When he awoke in the hospital on the day after the accident, he still felt unbearable pain in his two feet, chest and hip area. He was unable to move so was given painkillers. The pain continued and was worse at nights, despite being given medication both orally and intravenously. He experienced pain throughout the first 3 weeks he spent at hospital. He testified that the several surgeries he underwent were painful (once the anaesthetics wore out); his right leg was shorter; he was bedridden; he had to use a bedpan; and he required the assistance of nurses or his wife to feed and clean himself. These events took an emotional toll on him leading to an onset of depression. In addition, the wound on his right shin became infected by a “flesh eating” bacterium that resulted in him being isolated from the other patients and being placed on stronger antibiotics. At this point, he became “severely depressed because of the infection” in his foot. Following 5-6 weeks of being hospitalized, the pain did decrease to a moderate pain in the area of his right waist but became sharper whenever he moved on the bed. He also continued to experience moderate pain and discomfort in his feet, ankle and hip but the chest pains had decreased significantly.
