Poor pain management is deemed elder abuse
Poor pain management is deemed elder abuse
CA judge allows case to go to trial
Failure to treat pain in elderly patients can be considered a form of elder abuse, a California judge ruled in September. California Superior Court Judge Barbara Miller rejected defense motions to dismiss the elder abuse claims, allowing the first case of this kind to go to trial.
The case involves the care provided to William Bergman, an 85-year-old Californian dying of lung cancer. Bergman was admitted to Eden Medical Center in northern California complaining of intolerable pain. He spent five days in the hospital, where he was treated by Wing Chin, MD.
Using a 10-point scale, with 10 being the worst, nurses charted pain levels ranging from 7-10 throughout his stay. Bergman was later discharged to die at home. His family ultimately got another physician to prescribe pain medication that brought him relief. He died the next day.
Providers put on notice
The family filed suit in California state court asserting medical malpractice and elder abuse. The defendant physician and hospital repeatedly asked the court to dismiss the elder abuse claims, arguing that the plaintiffs were entitled only to the limited remedies available from a medical malpractice claim.
End-of-life advocates say the ruling will have an impact on pain management. Regardless of the trial’s outcome, physicians will be aware that undertreated pain is grounds for legal action.
"This ruling will have a huge impact on end-of-life care, regardless of the outcome of this case," says Barbara Coombs Lee, executive director of Portland, OR-based Compassion in Dying Federation, which is sponsoring the case. "California medical providers are now on notice: either treat dying patients properly or risk significant consequences."
Kathryn Tucker, director of legal affairs for Compassion in Dying Federation, says the patient’s family will be able to recover damages for Bergman’s pain and suffering, which they would not be able to do under just a medical malpractice claim. The plaintiffs will also be able to recover attorneys’ fees and avoid the cap on damages in the medical malpractice statute.
"This exposes the defendant medical providers to significantly greater financial risk," says Tucker. "The family and Compassion in Dying hope that with significant exposure for inadequate pain care, providers will be motivated to be more attentive to pain and work to see that it is treated properly."
The surviving family originally filed a complaint with the Medical Board of California, which investigated and concluded that pain care was indeed inadequate. However, the board declined to take any action. The trial was expected to begin in March.
Subscribe Now for Access
You have reached your article limit for the month. We hope you found our articles both enjoyable and insightful. For information on new subscriptions, product trials, alternative billing arrangements or group and site discounts please call 800-688-2421. We look forward to having you as a long-term member of the Relias Media community.