Atlanta Injury Lawyer Blog
The public conversation around how doctors address (or fail to address) pain has reached a boiling point. Social media has been ablaze with stories of women enduring severe discomfort during medical procedures—only to have their pain dismissed. One example causing widespread outrage is the longstanding lack of pain management during IUD insertions. After years of complaints, the CDC finally updated its guidelines, acknowledging what patients had been saying all along: the procedure can be excruciating, and pain relief isn’t optional. But this cultural reckoning raises a bigger question—when does a doctor’s failure to address pain cross the line into malpractice?
Let’s be clear: not all pain caused by a medical procedure constitutes malpractice. But when a doctor’s actions—or inaction—fall below the standard of care, they must be held accountable.
Pain Alone Isn’t Enough to Prove Malpractice
Not every instance of pain during medical care is legally actionable. Medical procedures are often invasive by nature, and some degree of discomfort is unavoidable. For example:
- Injections or Blood Draws
- Surgery
- Diagnostic Testing
The key distinction lies in whether the doctor met the “standard of care.” Georgia law defines this as the level of care and skill that a competent healthcare professional in a similar situation would provide. Pain that is inherent to a medically necessary procedure, performed correctly, does not meet the legal threshold for malpractice.
When Pain Might Signal Negligence
Pain becomes a malpractice issue when it is avoidable, excessive, or caused by a preventable error. Here are some situations where pain may indicate negligence:
- Anesthesia Errors:
- Failing to administer anesthesia when it is clearly necessary.
- Administering an incorrect dosage or the wrong type, resulting in unnecessary pain.
- Surgical Mistakes:
- Damaging nerves or organs due to careless technique.
- Leaving foreign objects like sponges or instruments inside the body, causing infections and prolonged suffering.
- Medication Errors:
- Prescribing incorrect medications or doses, leading to pain or complications.
- Misdiagnosing a condition, delaying proper treatment and prolonging avoidable suffering.
- Neglecting Patient Complaints:
- Ignoring repeated reports of severe pain, which could signal complications like infections or internal injuries.
- Failing to follow up or monitor a patient adequately after a procedure, resulting in undetected complications.
Doctors are not mind-readers, but they are required to take patient complaints seriously. If a healthcare provider dismisses pain that falls outside the scope of “normal” and fails to investigate further, that neglect could lead to lasting harm.
What To Do If You Suspect Malpractice
If you believe your pain was caused by a healthcare provider’s negligence, Georgia law imposes strict requirements for filing a medical malpractice lawsuit.
Step 1: Get a Second Opinion
Another doctor can assess whether your pain stems from malpractice or is a normal outcome of your treatment. If the first provider’s care fell below the standard, a second opinion might confirm it.
Step 2: Document Everything
Write down your symptoms, their severity, and when they began. Keep records of all appointments, treatments, prescriptions, and communications with medical staff. These records can be invaluable in proving your case.
Step 3: Speak With a Malpractice Attorney
Medical malpractice claims in Georgia require expert testimony. An affidavit from a qualified medical professional must accompany your lawsuit, identifying the specific acts of negligence. An attorney can help you meet this requirement and ensure your claim is filed within Georgia’s statute of limitations:
Patients should not have to suffer because a doctor dismisses their pain or fails to meet basic standards of care. Medical negligence has real consequences,both physical and emotional, and no one should have to endure it without recourse.
If you believe you’ve been harmed by a healthcare provider’s actions, Robin Frazer Clark, P.C. is ready to help. With decades of experience holding negligent parties accountable, Robin will fight for the justice you deserve. Call (404) 873-3700 today to schedule a consultation. Don’t wait—your voice matters, and so does your case.
