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Updated: Apr 3, 2026

Author Spotlight: Methodologies and Advancements of Chronic Pain Management Research
Published on: January 5, 2024
Trends in Pain Medicine Liability
Kelly A Pollak1, Linda S Stephens, Karen L Posner
1From the Department of Anesthesiology and Pain Medicine, University of Washington, Seattle, Washington (K.A.P., L.S.S., K.L.P., D.R.F., K.B.D.); Department of Anesthesia, Critical Care, and Pain Medicine, Massachusetts General Hospital and Harvard Medical School, Boston, Massachusetts (J.P.R.); American Society of Anesthesiologists, Anesthesia Quality Institute, Schaumburg, Illinois, and Department of Anesthesia and Critical Care, University of Chicago, Chicago, Illinois (R.P.D.); and Pain Management Center, Brigham and Women's Hospital, Harvard Medical School, Boston, Massachusetts (E.M.).
Malpractice claims in pain medicine have significantly increased in frequency and severity since 1980. This trend highlights a growing concern for patient safety and necessitates the development of safer pain management therapies.
Area of Science:
- Medical Malpractice
- Pain Medicine
- Anesthesiology
Background:
- Examined trends in pain medicine malpractice claims.
- Analyzed associated treatment modalities and patient outcomes over time.
Purpose of the Study:
- To investigate the changing landscape of pain medicine malpractice claims.
- To assess the evolution of treatment modalities and outcomes in these claims.
Main Methods:
- Analyzed Anesthesia Closed Claims Project database (1980-2012).
- Used binary logistic regression to assess trends.
- Compared pain procedures in claims (2000-2012) with National Anesthesia Clinical Outcomes Registry data (2010-2014).
Main Results:
- Pain medicine claims rose from 3% (1980s) to 18% (2000-2012) of total anesthesia claims.
- Outcomes worsened, with increased rates of death and permanent disability.
- Cervical injections and medication management claims increased disproportionately.
Conclusions:
- Pain medicine malpractice claims have escalated in both frequency and severity.
- Cervical procedures are overrepresented in claims compared to their actual frequency.
- Urgent need for safer and more effective pain therapies is indicated.
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