too subjective—“ iffy.” The plaintiff’ s attorney not only needs to meet with the treating physician early, but it is essential that during the meeting there is a discussion of which particular pain scale to use. It will vary, depending upon the specific injury! It will vary depending upon the patient’ s age and gender! It will vary depending upon the person’ s“ pain tolerance.“ And there are many other variables. So if, for example, a client has been diagnosed with“ RSD / CPRS“— then the best pain scale would be the McGill Pain Scale. So from my perspective— the plaintiff’ s lawyer has an obligation to research the many dozens of types and kinds and categories of pain scales to assess which is the best to accurately evaluate the extent & intensity of pain for a given time or time period.
Q. There has been widespread research and investigation into everything about you. In particular, The International Association for the Study of Pain and the United States Association for the Study of Pain just seem to be all over you. Pain, have you been following their research and investigation about you?
Pain: IASP and USASP are indeed spending a lot of time on me. They are defining me in an authoritative way. I am particularly intrigued as to how— as a part of how they define me, Pain— these organizations have come up with important findings and concepts which— I can tell you because I know everything about me— are true. Here are just a few examples: ***” Pain is always a personal experience” ***(“ It is especially important— in the interviewers’ minds— that physicians always respect a patient’ s report of experience including physicians conducting“ defense medical exams.”)
Q. You have been branded as relentless, some refer to you as a gadfly, what is your reaction?
Pain: You made my day. There is nothing I enjoy more than knowing that my reputation is one of bothersome and annoying persistence. Call me what you will and brand me as you like, but as I creep in upon someone they should know I am here to stay. Muhammed Ali said it best when he described me many years ago, LOL,“ float like a butterfly, sting like a bee.
Q. Famous Bouncer James Dalton(“ Roadhouse” Patrick Swayze) once quipped“ pain don’ t hurt” while getting a knife wound stitched without an anesthetic. What’ s your reaction to being so minimized by him when he said that?
Pain: Cute line. Completely false, but cute. I’ d respond to him by first letting him know that“ pain do hurt.” I mean, it was downright excruciating watching him in“ Ghost.” But, the reality is that I do hurt.“ Pain don’ t hurt” is exactly the kind of nonsense people say before I introduce myself properly. I don’ t need permission. I don’ t need belief. I hurt whether you acknowledge me or not.
Q. Defense lawyers, insurance adjusters and hired-gun defense doctors say you are a hoax. You don’ t exist. You are a fraud. The accident or incident did not cause you. Your presence here existed long before due to some other event or aging process. Conspiracy theories abound all about you and around you. What do you say to the skeptics? The naysayers?
Pain: Is the Pope Catholic? Does a one-legged duck swim in a circle? I mean, C’ Mon Man! These folks can minimize me and disrespect me all they want. I am the unwanted visitor