Prescribing the Right Amount of Pain Medications

Until recent years, physicians were able to substantially reduce the likelihood of liability or licensure issues by prescribing narcotics at low doses, thereby providing less opportunity for abuse. However, more and more often, medical boards are punishing physicians who under-prescribe medications because they have failed to effectively manage the patient's pain. Physicians are now faced with a tightrope between over-prescription and under-prescription, both of which may result in licensure penalties and lawsuits.

In 2003, the Journal of Law, Medicine and Ethics published the results of a national survey of medical boards regarding how they perceived and addressed pain management complaints. Diane E. Hoffman and Anita J. Tarzian, Achieving the Right Balance in Oversight of Physician Opioid Prescribing for Pain: The Role of State Medical Boards, 31 J.L. MED. & ETHICS 21 (2003). The survey, approved by a University of Maryland institutional review board, was directed to the state board medical director, or individuals with comparable titles, in each of the 50 states and the District of Columbia. Thirty-eight boards responded through the state board medical director, chief investigator or prosecutor, or those in comparable positions.