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Failure to Refer

“The common law tort duty to refer is a well-established one. As the specialties of pain management continue to mature, physicians who lack the skill or do not want to manage their patients’ pain have a duty to refer. Patients with complicated pain imbedded in their disease process require pain management as an integral part of their treatment. A pain management specialist must therefore be a part of the treatment team at a minimum. A physician who refuses either to treat the pain in conformity with current guidelines or to refer the patient is acting unethically. The duty to refer must be carefully developed in light of the problem of pain, typically imbedded in the disease process for many patients.” Barry R. Furrow Pain Management and Provider Liability: No More Excuses, 29(1) J. LAW, MED. & ETHICS 28, 31 [PDF]

 

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