Does the process of litigation itself encourage disability and compromise recovery? An affirmative answer so far as physical injuries are concerned (notably ‘whiplash’ and low back pain) is provided by studies of the incidence and outcome of these conditions when compensation is and is not available (Balla, 1982; Schrader et al, 1996) or has been eliminated by legislative changes (Carron, DeGood & Tait 1985; Cassidy et al, 2000; Mills & Horne, 1986)
Taken from http://www.mheap.com/rta.html which is the first document I looked up on the internet. There are some papers referenced in that paragraph.
I could find more if you wish.
This association is very well documented.
Nicola
This is another, perhaps pertinent to the type of discussion in this thread
http://www.eatonhand.com/pot/pot504.htm
Worker's compensation litigation and chronic pain: Unfortunately, when persistent pain is labelled work-related, a complicated scenario often develops which promotes dissatisfaction and hinders recovery.
This is particularly evident when the primary problem is persistent pain and not simply the early result of a cut or break. Obviously, any chronic health problem can have profound effects on a person's life.
However, the influences of compensation and litigation can be so overwhelming to a patient that medical treatment becomes irrelevant or even counterproductive to recovery.
This is an entirely different issue than malingering, personality disorder, or laziness, for it seems to develop as a result of a particular set of circumstances
[broken link removed]
Iowa Orthepaedic Journal
http://www.ncbi.nlm.nih.gov/pubmed/...nel.Pubmed_DefaultReportPanel.Pubmed_RVDocSum
Spine
http://www.ncbi.nlm.nih.gov/pubmed/...nel.Pubmed_DefaultReportPanel.Pubmed_RVDocSum
(medical Journal of Australia)
These are peer reviewed papers, in respected journals, showing an association between litigation and delayed return to work and poorer prognosis.
There are many such articles in peer reviewed journals.
There is a well recognised association with litigation and delay to recovery. This is not specific to a particular injury
Also, if you look at my second post, perhaps you did not see the references? eg: Carron, DeGood & Tait 1985 :That is from a paper published in Pain (a peer reviewed journal)
The reference to Mills & Horne, 1986 is from the NZ medical Journal.
Suffice it to say that there is a wealth of evidence to support an association between litigation and poorer prognosis.
Nicola
Maybe I'm a bit slow, but I don't see that there is a clear message here. If you look at the studies referenced from that paper;That is incorrect Complainer.
Have a look at this link [broken link removed] (the first above), and read the discussion portion, and look at the references.
Studies compare like with like, when there is a comparison between groups of people, the characteristics of the groups of people are made as similar as possible to exclude (in this example) more serious injury being the reason for differences between the group: eg: people with the same level of injury are compared together. If this is not done, then the results will not be valid. That is a basic premise for this type of research paper.
Interesting discussion, but I think we are side-lining the OPs original question, and should move on.
Nicola
In the US, 'Workers Comp' provides insurance-based compensation for workplace injuries. This is a very different approach to litigation.
I'd be very interested in seeing this evidence.
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