Can You Sue a Doctor for Inadequate Pain Management?

Posted on April 18, 2025 writen by Jane Paulson in Medical Malpractice

When your pain is dismissed or left untreated by a healthcare provider, the consequences can feel both overwhelming and isolating. If this happened to you, suing for inadequate pain management in Oregon may be a legal option. Whether it’s post-surgical pain ignored, chronic pain dismissed without reason, or the overall mismanagement of treatment, these oversights can cause serious harm. At Paulson Coletti, we are committed to holding negligent medical professionals accountable, protecting patient rights, and helping victims seek the justice and compensation they deserve for their pain and suffering.

Can You Legally Sue a Doctor for Failing to Address Your Pain?

Yes, you can sue a doctor if they negligently fail to manage your pain. When a Portland physician dismisses or fails to appropriately treat a patient’s pain—especially when it leads to prolonged suffering or additional medical complications—it can rise to the level of malpractice. Neglected pain management can significantly impact your quality of life, limit mobility, and even result in long-term health issues.

To file a medical malpractice claim in Oregon, you must prove:

• A doctor-patient relationship existed, creating a duty of care 
• The doctor failed to meet the standard of care, not following accepted practices 
• This failure caused harm, linking the doctor’s actions to the patient’s injury 
• You suffered damages, like physical pain, financial loss, emotional distress, or long-term health issues

If you were denied essential pain medication or discharged prematurely without a proper pain control plan, legal action may be warranted. Seeking justice can also help hold medical professionals accountable and improve patient care.

Statute of Limitations in Portland

In Oregon, you have a limited window to file a medical malpractice claim. The statute of limitations generally allows patients two years from the date they discovered—or reasonably should have discovered—the injury.

However, the law also includes a maximum limit: no more than five years from the date of the alleged malpractice, regardless of when the harm was discovered. Failing to file within these timeframes could result in your case being dismissed. That’s why it’s crucial to consult a lawyer as soon as possible to protect your rights.

Identifying Negligence in Pain Management

Pain is subjective, which makes these cases uniquely challenging. However, negligence can often be identified when a physician blatantly disregards patient complaints or deviates from established pain management standards without medical justification.

Common examples of negligence in pain management include:

• Ignoring post-surgical pain complaints
• Failing to prescribe necessary medications
• Misdiagnosing or minimizing chronic pain conditions
• Refusing to treat pain due to fear of regulatory scrutiny or opioid misuse

A malpractice claim hinges on proving causation—that is, showing the healthcare provider’s breach of duty directly caused the harm you suffered. If a doctor’s refusal to treat your pain led to a decline in your physical or mental health, you may have a valid reason to pursue legal action

Examples of Inadequate Pain Management Cases

Our firm has seen various scenarios where pain management failures became the basis for strong malpractice claims. Examples include:

• A cancer patient denied adequate palliative care
• An emergency room doctor refusing pain relief for a visibly fractured limb
• A surgical patient discharged with insufficient pain medication
• A chronic pain sufferer misdiagnosed and left untreated for months

In these situations, it’s not simply poor service—it’s a violation of professional standards that can result in serious, lasting consequences.

What Damages Can Patients Recover?

Victims of inadequate pain management may be entitled to several forms of compensation. These include:

• Medical expenses (including follow-up treatments, corrective care, or therapy)
• Lost wages due to the inability to work
• Pain and suffering, both physical and emotional
• Loss of quality of life or permanent disability

According to AASEM, pain management malpractice cases are on the rise, often revealing systemic issues and patterns of negligence. To reduce harm and avoid malpractice claims, healthcare providers must follow strict standards, such as proper documentation, guideline compliance, patient education, and timely care. Your case may lead to compensation, help improve these standards, and protect others.

Suing for inadequate pain management can be complex, but our Portland-based malpractice attorneys have the experience to navigate these challenges and build a strong case on your behalf.

Contact Paulson Coletti Today to Schedule a Free Consultation to Discuss Your Medical Malpractice Claim

Victims of negligent pain treatment deserve justice. At Paulson Coletti, our experienced team handles complex medical malpractice claims across Oregon. We provide compassionate, thorough legal representation and fight to hold medical providers accountable. With a proven track record of success, we are ready to hear your story and help you seek the justice you deserve.

Call us today at (503) 682-8721 to schedule your free consultation.