title: Inadequate treatment of pain: time for the South African courts to redress this human rights violation?
abstract: In the case of 90 per cent of patients, pain can be relieved adequately, but in 80 per cent of these cases this is not done, despite the fact that effective pain medication is available. More than three decades ago, the under-treatment of pain had already been identified as a major global problem. Human dignity requires that treatable pain be relieved. Although attempts have been made to address this unnecessary human suffering, there are a number of reasons why little progress has been made. Fear of the regulatory authority has been mentioned, but in South Africa this is not the case. A lack of knowledge and archaic views have resulted in the standard practice of mismanaging pain. Diverging views on whether the health care system's failure to treat patient pain adequately needs corrective action by the judiciary will be discussed. An argument will be made out that the courts should reconsider the standard practice and the question of what is reasonable in regard to pain treatment. The "failure to treat pain adequately" should be recognised as a separate and independent form of medical negligence. Other possible causes of action will also be discussed. Improvements in pain management require simultaneous initiatives in medicine, law and ethics.
authors.affiliation: Faculty of Law, University of the Free State, Bloemfontein, South Africa. jansenr@ufs.ac.za
authors.forename: Rita-Marié
authors.initials: RM
authors.lastname: Jansen
mesh_terms: D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence; D059408:Pain Management; D013019:South Africa; D019452:Terminally Ill