Posted by Article on 6/16/2001, 11:09 pm

Hi Friends, Here is another article on a lawsuit brought against a doctor for the undertreatment of pain. It is good to see the ground that is being made in these cases of undertreatment of pain! There is another article on this same story with some additional info at: Doctor liable for not giving enough pain medicine I will paste this article after the first one. Love, Sue ****** Undertreatment of Pain Equals Abuse, Says California Jury U.S. Newswire 13 Jun 16:17 Undertreatment Of Pain Equals Elder Abuse; California Jury Sends A Message Of Accountability To Health Care Providers To: National Desk Contact: Claire Simons of the Compassion In Dying Federation, 503-221-9556; Web site: www.compassioindying.org ALAMEDA COUNTY, Calif., June 13 /U.S. Newswire/ -- Today a jury issued a ruling that will forever change the way healthcare providers view the legal significance of effective pain care for the terminally ill. "The message of this verdict is that the American public is no longer willing to tolerate such flagrant disregard of suffering," said Barbara Coombs Lee, President of Compassion in Dying Federation. The case called Bergman v. Eden involved care provided to William Bergman, an 85-year-old Californian dying of lung cancer. Mr. Bergman was admitted to Eden Medical Center in Northern California on February 16, 1998, complaining of intolerable pain. He spent five days in the hospital, where he was treated by Dr. Wing Chin, an internal medicine specialist. Nurses charted pain levels ranging from 7-10, with 10 points being the worst pain imaginable. Mr. Bergman was discharged to die at home, still in agony. His family ultimately consulted another physician who prescribed proper pain medication and Mr. Bergman finally obtained relief. He died in hospice care on February 24, 1998. "This is an important victory for advocates of pain care. Physicians have under treated pain for a very long time with no accountability," said Kathryn Tucker, Director of Legal Affairs for Compassion in Dying Federation. "Today's verdict is a wake up call." Lead Trial Counsel, James Geagan, said "Medical experts testified that there were numerous serious deviations from Standards of Conduct. They called Dr. Chin's conduct "amazingly reckless" and "inexcusable." "This outcome encourages all providers to pay attention to their patient's pain and treat it appropriately. If they don't know, they must become educated," said Barbara Coombs Lee. "The verdict empowers patients to insist that physicians treat pain and other symptoms at the end of life." Beverly Bergman, daughter of William Bergman, contacted Compassion In Dying, a non-profit organization dedicated to improving care and expanding choices at the end of life. "Today's verdict will never change the excruciating pain my father endured, but I hope that no other patient will have to suffer needlessly as my father did", she said Compassion in Dying Federation encourages patients to be knowledgeable and assertive consumers of medical services. If appropriate pain management is not provided, patients can and should complain to the nurses and physicians. This case would not have been possible with out the generous devotion of time and resources by the firm of Brayton Purcell, Novato, Ca. ****** Doctor liable for not giving enough pain medicine HAYWARD, California (CNN) -- In a civil case that could have broad ramifications for how patients in pain are treated, a California jury Wednesday found a doctor liable for recklessness and abuse for not prescribing enough pain medication to a patient, who later died of cancer. The jury in Alameda County Superior Court called on the doctor to pay the patient's family $1.5 million dollars for pain and suffering of the patient. Under California law, however, the cap for such awards is $250,000, and the judge will likely reduce the jury's award. The lawsuit was brought against Dr. Wing Chin by the three children of William Bergman, who was treated by Chin at Eden Medical Center in Castro Valley, California, in February 1998. Bergman had been admitted to the hospital for treatment of stress fractures in his back, but doctors later discovered he had lung cancer. In their suit, plaintiffs Robert Bergman, Beverly Bergman, and Alice Edlinger alleged Chin was reckless in not prescribing sufficient medication to ease their father's suffering. They further charged that the lack of treatment constituted elder abuse under state law. After six days in the hospital, the 85-year-old retired railroad employee was discharged to his home, where he died three days later of lung cancer. During the month-long trial, the doctor testified he followed established protocols in prescribing pain medication to Bergman. His attorney Bob Slattery also argued neither the patient nor his family requested that the doctor prescribe more pain medication to alleviate the suffering. Slattery said he would appeal the verdict. This is the first verdict in a lawsuit brought against a doctor under California's Elder Abuse and Dependent Adult Civil Protection Act. In a break with malpractice standards, the act allows survivors to sue for a patient's pain and suffering. The standard of proof in this type of case is much higher than for a medical malpractice lawsuit. Jurors must find that the doctor was reckless, not simply negligent as is required to prove malpractice. Under the act, plaintiffs may also be entitled to punitive damages for pain and suffering, but in this case, because the jurors deadlocked 8-4 on the question of whether Chin demonstrated malice or oppression of an elderly person, no punitive damages were awarded. The jury of six men and six women voted nine to three for the plaintiffs over four days of deliberation. In California, a civil jury requires only nine votes to reach a verdict. The hospital reached a separate settlement with the family for an undisclosed amount prior to the start of the trial. The plaintiffs also asked the judge to issue an injunction requiring Chin to attend pain management training, a matter still to be determined. The next hearing date is for June 26. "If he had agreed to this in the first place, none of us would be here today," Jim Geagan, lead attorney for the plaintiffs told CNN.

Link: Undertreatment of Pain Equals Abuse, Says California Jury