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Abstract:
The author confronts the fact that pain is undertreated at all levels of the American health-care system and investigates how the threat of malpractice may change this state of affairs. Specifically, the author analyzes existing and emerging liability theories and doctrines that may be used to motivate physicians, hospitals, nursing homes, and managed care organizations - with regard to the particular standard of care they owe to the patient - to properly treat pain.

Abstract:
This article reviews the problem of medical practice variation and the reality that much medical care fails to meet professional standards. Reasons for physician resistance to change are examined, including resistance to clinical practice guidelines.

One source of improvement in medical practice can come from dissemination of clinical practice guidelines on the Internet, providing physicians easy access to authoritative sources based on clinical research. Internet websites now provide easy and friendly access to practice guidelines and other sources of medical information. It is likely that pressure from accrediting bodies for managed care organizations and from employers will be part of the pressures that push physicians into heavier use of the Internet to check on standards of practice and to seek information.