Pain is a universal experience, yet its management in medical care can be alarmingly inconsistent. For some patients, especially those dealing with chronic or severe pain, the failure of healthcare providers to address their suffering adequately can lead to significant physical and emotional harm.
But what are your legal options if a doctor neglects to treat your pain? This article explores the legal avenues for suing for inadequate pain management, including patient rights, potential claims, and the steps needed to hold negligent providers accountable.
If you have questions, please contact our Baltimore medical malpractice lawyers today.
Understanding Medical Malpractice in Pain Management
Medical malpractice occurs when a healthcare provider’s actions (or lack thereof) fall below the standard of care and harm a patient. In the context of pain management, this can include:
- Ignoring a patient’s complaints of pain,
- Misdiagnosing or failing to diagnose the underlying cause of pain, and
- Refusing to prescribe appropriate pain relief without justification.
For example, if a patient presents with severe back pain, and a doctor dismisses it as psychological without conducting necessary tests, that neglect may constitute malpractice if the patient’s condition worsens. Similarly, failing to provide adequate treatment for post-surgical pain could be deemed a failure to provide adequate pain relief and result in legal consequences for the provider.
Pain Management and Patient Rights
Every patient has the right to receive care that prioritizes their well-being. This includes the right to have their pain taken seriously and appropriately managed. Pain management patient rights encompass the following:
- Access to a healthcare provider who listens to concerns and offers evidence-based treatment,
- A thorough evaluation to identify the underlying cause of pain, and
- Recommendations for medications, therapies, or referrals to specialists when needed.
However, when doctors fail to uphold these rights, patients are left vulnerable to prolonged suffering. This is particularly true for individuals with chronic pain, who often face stigma or skepticism when seeking care.
When Does Failure to Address Pain Become Malpractice?
Suing a doctor for medical malpractice is possible if their failure to assess or manage pain causes prolonged suffering or worsens health. Negligence in meeting proper care standards and resulting harm constitutes grounds for legal action.
Not every instance of inadequate pain management qualifies as medical malpractice. To bring a claim, a patient must demonstrate the elements of:
- Duty of care,
- Breach of duty,
- Causation, and
- Damages.
For instance, if a doctor dismisses a patient’s pain complaints without investigation, and the untreated condition leads to permanent nerve damage, the patient may have grounds for suing for inadequate pain management.
Common Scenarios Leading to Legal Claims
Several situations can result in a malpractice claim related to pain management.
Failure to Diagnose an Underlying Condition
Doctors must explore possible causes of pain, such as fractures, nerve damage, or autoimmune disorders. Neglecting this duty can worsen a patient’s condition.
Refusal to Prescribe Necessary Medication
While concerns about opioid misuse are valid, outright denial of pain relief without considering alternatives or individual patient needs can be harmful.
Delays in Referral or Treatment
Patients who require specialized care, such as pain management clinics or orthopedic evaluations, can suffer unnecessarily if their doctor delays these referrals.
Steps to Take If a Provider Ignored Your Pain
If you believe your doctor failed to address your pain, taking the following steps can help protect your health and strengthen any potential legal claims:
- Keep a detailed record of your symptoms, medical appointments, and any communications with your healthcare provider. Include notes on how untreated pain has affected your daily life.
- Seek a second opinion, as another doctor may provide a more thorough evaluation or validate your concerns, which can serve as evidence if you decide to pursue legal action.
- File a complaint with your state’s medical board and let them initiate an investigation into the doctor’s conduct.
- Consult an experienced medical malpractice lawyer to evaluate your case and advise on the best course of action.
The Legal Process for Pain Management Claims
Filing a medical malpractice lawsuit involves several key steps. First, your attorney will gather evidence, including medical records, expert testimony, and documentation of your damages, to prove that your doctor’s actions constituted malpractice.
In Delaware and Maryland, statutes of limitations govern how long you have to file a claim. In Maryland, the statute of limitations for medical malpractice claims is three years from the date of injury or five years from the date the injury was discovered. In Delaware, it is two years from the date of injury, with certain exceptions allowing for an extension of up to three years.
What Damages Can Patients Recover?
Patients who file lawsuits related to inadequate pain management may be entitled to compensation for medical expenses, lost wages, and noneconomic damages for the physical and emotional toll of untreated pain. In rare cases, courts may award additional damages to penalize egregious misconduct.
In Maryland, noneconomic damages for medical malpractice are capped at $860,000 as of 2024, while Delaware does not impose specific caps on damages for medical malpractice. An experienced medical malpractice attorney can review the specifics of your case to better determine how much compensation you might be eligible for.
For a free legal consultation, call (410) 421-7777 or fill out our online contact form
Trust the Medical Malpractice Team at Brockstedt Mandalas Federico
If you’ve experienced harm due to a doctor’s failure to provide adequate pain relief, you don’t have to suffer in silence. At Brockstedt Mandalas Federico, we understand the physical and emotional toll of untreated pain and are here to help. Whether you’re considering a malpractice claim or exploring the possibility of a chronic pain patients class action lawsuit, our experienced team can guide you every step of the way.
We understand that medical misdiagnosis cases demand extensive experience and a deep understanding of complex medical and legal issues, and we have a proven track record of successful outcomes for our clients.
Contact us today for a consultation, and let us help you take the first step toward justice and healing.
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Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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