[Pain therapy--legal reference points and stumbling blocks]

In this day and age expertise in pain therapy is required in all fields of medicine. Unfortunately pain therapy has become a recurrent focus of forensic considerations. Legal experience shows that preliminary criminal proceedings and civil liability suits also involve pain specialists and palliative physicians, but not inordinately; in fact, most cases concern other medical disciplines such as a general medicine, internal medicine, surgical specialties, and the field of patient care. From the legal point of view, it should be taken into account that every patient is entitled to receive adequate pain therapy. This should be ensured in both private practice and the inpatient setting, if necessary by calling in a pain specialist. If the patient s incapable of giving consent, in emergency situations the assumption can be made that the patient desires optimal pain control. If the circumstances are not urgent, the decision is made by the Guardianship Court or a representative empowered by the patient while still capacitated. All measures for pain management including information given to the patient should be precisely documented by the physician.