31 William Mitchell Law Review 1093 (2004-2005)
Part I of this note reviews current issues relating to pain treatment. Part II examines theoretical justifications of proposed tort liability for inadequate pain management. Part III examines how pain mismanagement does not fit within traditional notions of medical malpractice. Part IV studies the issues relating to a physician’s role as “gate-keeper” for opioids and suggests why tort liability could compromise this legislatively imposed role. Part V examines the issue of pain management in the context of end-of-life care. Part VI discusses current shifts in pain management philosophies and explains how these movements will effectuate the changes suggested by advocates of expanded tort liability.
Blaufuss, James R.
"Note: A Painful Catch-22: Why Tort Liability for Inadequate Pain Management Will Make for Bad Medicine,"
William Mitchell Law Review: Vol. 31
, Article 11.
Available at: http://open.mitchellhamline.edu/wmlr/vol31/iss3/11