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1996

Saint Louis University School of Law

Health Law and Policy

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Disciplinary Actions And Pain Relief: Analysis Of The Pain Relief Act, Sandra H. Johnson Jan 1996

Disciplinary Actions And Pain Relief: Analysis Of The Pain Relief Act, Sandra H. Johnson

All Faculty Scholarship

Debilitating pain is a widespread problem that cuts across many patient populations. Despite a recognized ethical duty to relieve pain and effective pain management capabilities, health care professionals continue to undertreat pain.

Improved pain management begins with consideration of reasons pain is presently undertreated. Fear of disciplinary action is a central barrier to effective pain management. The Pain Relief Act represents an effort to mitigate this fear by preventing unnecessary investigations, protracted proceedings, and inappropriate legal sanctions for pain treatment.

This article begins by recognizing doctors’ legitimate fears of legal sanctions. While few doctors are actually penalized due to pain …