In literal terms, medical torture refers to any kind of torture that involves medical (mal)practice, and that definition is very broad.

According to the United Nations Convention against Torture (UNCAT), “the term ‘torture’ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

When it comes to “medical torture,” there are some specifics: “’Medical torture’ involves medical personnel participating in acts of torture, using their expertise to facilitate or carry out torture, or acting as torturers themselves. This can include providing medical information to interrogators or monitoring prisoners during torture. Medical or scientific experimentation without informed consent can also be considered medical torture.”

Physical Torture

When considering the assault that results from torture, it can be easy to immediately think of physical consequences that occur. After all, physical damages are often easier to calculate and witness with the naked eye. With medical torture, however, it is important to include all types of torture in your legal fight- both the physical torture and the mental torture.

To calculate the damages caused by physical torture, begin by thinking about the traditional definition of physical assault. According to Wikipedia, assault under legal definition is “the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both.”

Keep in mind, the law defines “assault” and “battery” differently, and in many places such as the state of Michigan, the damages do not always have to be physical. In Michigan, for example:

“‘Assault’ is an intentional act that causes another person to reasonably fear or apprehend immediate harm or contact. You do not have to actually touch the other person to commit an assault.”

With this in mind, it is also important to note the mental damages that you have also endured as a result of any medical torture you have previously suffered through.

Mental Torture

One way to consider the mental medical torture you have experienced is by calculating the mental toll of the physical torture you have also encountered; however, for some individuals, mental medical torture is very specific to the mental health field of medical (mal)practice. For example, if an individual is petitioned to be hospitalized in a psychiatric hospital and that person then experiences “torture” due to mental health medications and other medical procedures that occur during the hospitalization, that is also a valid category of medical torture as well.

Other things to consider are the patient-directed slander and misdiagnoses that can happen during mental health hospitalizations. Keep in mind, physical health can also be negatively impacted (and ultimately assaulted) by brutal mental health treatment as well.

Total Costs

When calculating the total costs of medical torture, it is essential to think about the entire picture of what happened to you. What kind of medical “care” did you receive? Were you hospitalized or did you receive outpatient services? Did you seek help for a physical injury or were you receiving mental health services?

Depending on your individual situation, the total costs of the damages (resulting from further charges such as assault, etc.) will vary. Ultimately, the total cost of medical torture depends on each unique case.

Final Opinion

Although there are many types of “red tape” that make suing against medical malpractice difficult, it is still possible to press medical torture charges through the use of a simple legal complaint; keep in mind, working with a legal professional is always advised and usually most helpful, but there is substantial self-help information that can also be independently obtained online through resources such as Michigan Legal Help (or similar State-run Google-able legal aid organizations).