2026/04/17 by Rodrigo Deamo Assis, Steven P Cohen, Hance Clarke +3
Economics, Econometrics and Finance · Health Professions · Psychology · #Health Systems, Economic Evaluations, Quality of Life #Healthcare Decision-Making and Restraints #Medical Malpractice and Liability Issues
paper · pdf · doi:10.1017/jme.2026.10261
openalex publication_date 2026/04/17 · openalex created_date 2026/04/18 · openalex updated_date 2026/05/21
Patients living with nociplastic pain are at particular risk of being unfairly judged because their symptoms are subjective and occur without measurable abnormalities. Nociplastic pain, now recognized as a third category of pain alongside nociceptive and neuropathic pain, arises in the absence of tissue damage sufficient to explain the clinical presentation. This "unseen" pain affects at least ten percent of the population, commonly involves the musculoskeletal or visceral systems, and leads to substantial suffering and functional impairment. Validation of these chronic symptoms is often contentious because no objective biomarker or physical sign can reliably confirm their presence or severity. The concept of illness without measurable parameters challenges clinicians and conflicts with legal systems that rely heavily on objective evidence in adjudicating health-related questions. Most clinicians have limited training in medicolegal principles, standards of impartiality, or the ethical distinctions between patient advocacy and objective reporting. These challenges are amplified in cases involving chronic nociplastic pain, where the lack of observable findings complicates clinical interpretation and may conflict with traditional expectations for legal evidence. Bias, whether conscious or unconscious, may occur at multiple stages of the medicolegal process. Inaccurate, incomplete, or biased information from patients, treating clinicians, independent medical experts, insurers, or legal representatives can influence fairness, credibility, and decisional outcomes. This review summarizes key considerations in the adjudication of chronic nociplastic pain and examines how various sources of bias may shape medicolegal decision-making. Improving awareness of these risks and implementing strategies to reduce bias may promote a more reliable and equitable interface between clinical assessment and legal adjudication.