Abstract

Objective. The incidence of medical mal-occurrences associated with interventional pain procedures is increasing. This has resulted in a corresponding increase in medical malpractice tort claims. Therefore, physicians involved in performing interventional pain procedures must understand the malpractice tort system in order to both practice more safely, and to decrease litigation risk. Further, physicians must be aware of specific trends in both their own behaviors as well as the behaviors of their patients that may decrease the chances of being sued. Design. We systematically searched the Medline Database and recent electronic pain journals and websites for relevant articles on the topic of interventional pain procedures and litigation. Results. Medical errors are largely cited in the lay and medical literature. Specific ideal physician behaviors that may decrease risks of lawsuits were identified. Conclusions. Physicians cannot control all the potential contributors to errors. What can be controlled is our knowledge, skill, diligence and perseverance. Ultimately, when an unfortunate outcome results, being honest and admitting any real or potential errors, forging strong relationships, and being able to say “I'm sorry” may be the best way to mitigate blame.

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