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Original Articles

Liability for Overprescription of Controlled Substances: Can It Be Justified in Light of the Current Practice of Undertreating Pain?

Pages 85-113 | Published online: 10 Nov 2010

References

  • "Opioid analgesics are all chemically related to morphine ... [and] are very effective in controlling pain but have many side effects." "Opioid analgesics are the most powerful pain relievers and are the mainstay for treating severe pain because they are so effective." THE MERCK MANUAL OF MEDICAL INFORMATION: HOME EOTION 291 (Robert Berkow et al. eds. 1997).
  • Bonnie B. Wilford et al., An Overview of Prescription Drug Misuse and Abuse: Defining the Problem and Seeking Solutions, 22 J.L., MED. & ETHICS 197, 199 (1994).
  • Gary A. Walco et al., Pain, Hurt, and Harm--The Ethics of Pain Control in Infants and Children, 331NEW ENG. J. MED. 541 (1994).
  • Roberta Bernabei et al., Management of Pain in Elderly Patients with Cancer, 279 J.A.M.A. 1877,1877 (1998).
  • Vida Foubister, Oregon Doctor Cited for Negligence for Undertreating Pain, AM. MED. NEWS, Sept. 27,1999, at 7.
  • Fred Charatan, Doctor Disciplined for "Grossly Undertreating " Pain, 319 Burr. MED. J. 728a (1999), available at 1999 WL 10992533.
  • PHYSICIANS' DESK REFERENCE, Foreward (53d ed. 1999).
  • Jay S. Cohen & Paul A. Insel, The Physicians ' Desk Reference: Problems end Possible Improvements, 156 ARCH. INT. MED. 1375 (1998).
  • Veronica Henry, Off-Label Prescribing: Legal Implications, 20 J. LEGAL MED. 365, 365 (1999).
  • Ben A. Rich, A Prescription for the Pain: The Emerging Standard of Care for Pain Management, 26 WM. MITCHELL L. REV. 1,8 (2000).
  • Ann M. Martino, In Search of a New Ethic for Treating Patients with Chronic Pain: What Can Medical Boards Do?, 26 J.L. MED. & ETHCS 332, 334 (1998).
  • PEDERAHON OF STATE MEDICAL BOARDS OF THE UNITED SIXIES, MODEL GUIDELINES OF THE USE OF CONTROLLED SUBSTANCES FOR THE TREATMENT OF PAIN (May 1999).
  • Nancy Kowal, What Is the Issue?: Pseudoaddiction or UndertreatmentofPain, 17 NURSING ECON. 348 (1999).
  • Ada Jacox et al., Management of Cancer Pain, Clinical Practice Guideline Number 9 (Agency for Health Care Policy and Research, Pub. No. 94-0596, Mar. 1994).
  • Ada Jacoxetal.,Acure Pain Management: Operative or Medical Procedures andTrauma, Clinical Practice Guideline Number 1 (Agency for Health Care Policy and Research, Pub. No. 92-0032, Feb. 1992).
  • WILLIAM L. PROSSER ET AL., A HANDBOOK OF THE LAW OF TORTS g 65, at 452-53 (5th ed. 1984).
  • "A patient's knowing choice about treatment or a procedure, made after a physician or other Healthcare provider discloses whatever information a reasonabl y prudent provider in the medical community would provide to a patient regarding the risks involved in the proposed treatment." BLACK'S LAW DICTIONARY 300 (7th ed. 1999).
  • "The principle that one who has taken on oneself the risk of loss, injury, or damage consequently cannot maintain an action against the party having caused the loss." BLACK'S LAW DICTIONARY 121 (7th ed. 1999).
  • Dram-shop liability is denned as follows: "Civil liability of a commercial seller of alcoholic beverages for personal injury caused by an intoxicated customer." BLACK'S LAW DICTIONARY 509 (7th ed. 1999).
  • Danielle N. Kodier, High Court Won't Hear Patient's Drug Addiction Clam Against Doctor, PA. L. WKLY., Nov. 23, 1998, at 5.
  • "The principle that a plaintiff who has participated in wrongdoing may not recover damages resulting from the wrongdoing." BLACK'S LAW DICTTONAKY 794 (7th ed. 1999).
  • "In other words, a plaintiff damaged in the sum of $100,000 who is 99% negligent may theoretically recover one thousand dollars on his claim." HENKY WOODS & BEIH DEERE, CCMRUIATIVE FAULT S 4.1 (3d ed. 1996).
  • "Conduct committed with an intentional or reckless disregard for the safety of others, as by failing to exercise ordinary care to prevent a known danger or to discover a danger." BLACK'S LAW DICTIONARY 1593-94 (7th ed. 1999).

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