What is Phantom Pain?

Phantom pain is pain that appears to be coming from a body part (say, a leg) even though that body part is no longer there. Most often, this occurs in connection with surgery, amputation, congenital conditions, or medical malpractice. They may also occur in connection with nerve surgery or spinal cord procedures.

Phantom pain usually begins in the first week after amputation, but it can be delayed by months or longer. The pain may come or go, or it may be continuous. The pain may be described as shooting, stabbing, cramping, pins and needles, crushing, throbbing, or burning

Doctors once believed this phenomenon was a psychological problem, but experts now recognize that these real sensations originate in the spinal cord and brain.

Treatment of Phantom Pain

For some people, phantom pain gets better over time without treatment. For others, managing phantom pain can be challenging.

Medications. Although no medications specifically for phantom pain exist, some drugs designed to treat other conditions have been helpful in relieving nerve pain:

• Over-the-counter pain relievers such as Acetaminophen (Tylenol, others), ibuprofen (Advil, Motrin IB, others) or naproxen sodium (Aleve)
• Tricyclic antidepressants may relieve the pain caused by damaged nerves
• Epilepsy drugs — such as gabapentin (Gralise, Neurontin) and pregabalin (Lyrica) — may be used to treat nerve pain
• Opioid medications, such as codeine and morphine, may be an option for some people

Medical therapies. The following techniques may relieve phantom pain for some people:

• Mirror box. This is a device made of mirrors that make it look like an amputated limb exists. The person performs symmetrical exercises, while watching the intact limb move and imagining that he or she is actually observing the missing limb moving. Some studies, though not all, have found that this exercise may help relieve phantom pain.
• Acupuncture. Acupuncture may ease some types of phantom pain. In acupuncture, the practitioner inserts extremely fine, sterilized stainless steel needles into the skin at specific points on the body. Acupuncture is generally considered safe when performed correctly.
• Spinal cord stimulation. A doctor inserts tiny electrodes along your spinal cord. A small electrical current delivered continuously to the spinal cord can sometimes relieve pain.
• Repetitive transcranial magnetic stimulation (rTMS). This therapy uses an electromagnetic coil placed against the forehead. Short pulses are sent through the coil that cause small electrical currents in the nerves located in a specifically targeted area of the brain.Research suggests that this therapy may be helpful for phantom pain, though it isn’t yet specifically approved for this condition.
• Surgery may be an option if other treatments haven’t helped. Deep brain stimulation and motor cortex stimulation are similar to spinal cord stimulation except that the current is delivered within the brain. Although the data are still limited and these treatments aren’t specifically approved for phantom pain, brain stimulation appears to be a promising option in selected individuals.

Can I Recover Damages for My Pain?

Sometimes phantom pain arises from something somebody did – for example, they caused an auto accident that led to the need for amputation of your leg. Medical malpractice can also give rise to the need to amputate a limb. This can sometimes be difficult, however, since any type of pain and suffering is subjective and difficult to measure. Also, some states may place limits on damages for pain and suffering.

There are two principal legal theories by which you can recover damages for pain that is somebody’s fault:

1. Someone acted negligently
2. A company is charged with strict liability

What Is Negligence?

Negligence is a legal theory that allows you to collect damages (money) from someone who was careless and injured you. There are four things that must be proven in order to recover in a case of negligence:

• Duty: The defendant must have had a duty to avoid causing an injury to you.
• Breach of duty: The defendant breached this duty, causing you an injury that resulted in your pain
• Cause: The defendant’s action was both an actual and proximate cause of your chronic pain. “Actual” means the action was the real reason for the injury, and “proximate” means that if the defendant hadn’t (for example) caused an accident, you wouldn’t be having pain.
• Damages: This means you must have suffered some kind of loss – financial or otherwise (e.g., medical expenses). Proof of pain can be tricky to prove. An expert medical witness may be needed. Depending on the nature of your injury, you may recover various losses. In general, most persons can recover the following financial costs if they are successful in a claim based on pain:
  • Medical costs, such as hospital fees and prescription medication costs
  • Lost wages, if the pain caused you to lose work hours (may also include loss of future earnings)
  • Damages to pay for the fact that you are suffering
  • Punitive (punishment) damages if the defendant hurt you intentionally

One special kind of negligence is medical malpractice. Medical malpractice occurs when a doctor, other medical professional, and/or healthcare organization fails to meet the standard duty of care required when treating a patient, resulting in an injury to that patient. Some common causes of medical malpractice claims for phantom pain include:

• Needlessly amputating a body part
• Improperly diagnosing or failing to diagnose a patient
• Prescribing the wrong treatment or wrong medication

If you suffer complications because your doctor removed a body part that didn’t need to be amputated, you may be able to recover damages.

Strict Liability

Another theory by which you could recover for phantom pain is “strict liability.” In the eyes of the law, a product manufacturer has set themselves up to create and sell a product that users should be able to trust without worrying about being injured.

A product manufacturer who betrays that trust and creates a dangerous product, even unintentionally, can sometimes be held liable for any injuries that result. An example could be if a company made a product in a dangerous way that resulted in the need to amputate your arm or leg.

In order to win a strict liability lawsuit, the plaintiff must show the following:

• The plaintiff must show proof of injury;
• The plaintiff must prove that the defendant’s actions or product caused the injury
• The plaintiff must show that the defendant’s product was unreasonably hazardous or dangerous

What Type of Evidence Do I Need to File a Phantom Pain Lawsuit?

Take these steps to collect evidence to satisfy a claim:

• Record all important information related to the onset of the pain: the date when the pain started, the circumstances that gave rise to the pain, who was involved, etc. Be sure to include how the pain has affected your life, and what causes it to feel better or worse
• Be sure to keep photocopies of all medical documents related to diagnosing and treating the pain
• Keep track of all expenses you incur related to the pain

Do I Need a Lawyer if I Have Legal Issues Involving Phantom Pain?

Phantom pain claims can often be difficult to address, but they can be remedied, legally speaking. In most cases, you’d need to supply proof of the pain you have been suffering. This may require the assistance of a medical expert and a lawyer.

Thus, you should contact a personal injury lawyer for advice and representation if you need to file an injury-related claim with the court. Your attorney can assist you in obtaining a damages award to compensate you for your losses and expenses.