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Undermedicating

Generally courts have failed to directly address the issue of undermedicating or other alleged failures by care providers to manage a patient's pain. As pain management becomes an accepted medical practice, as evidenced by state pain polices, accreditation requirements and clinical practice guidelines, lawsuits likely will increase. Theories of liability for undermedicating include negligence (medical malpractice) for failure to medicate or failure to refer to a pain management specialist.

 

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