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Elder Abuse: Protecting Loved Ones From Pain Near the End

Aired June 14, 2001 - 07:31   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
COLLEEN MCEDWARDS, CNN ANCHOR: We want to tell you now about a verdict by a California jury. It awarded $1.5 million in damages against a doctor. And it could affect the way patients nationwide are treated for pain. The doctor was found liable for recklessness for not prescribing enough pain medication to a patient.

CNN James Hattori looks at what is being called a case of elder abuse.

(BEGIN VIDEOTAPE)

JAMES HATTORI, CNN CORRESPONDENT (voice-over): William Bergman's children say they knew the odds were against them in court, but a jury found the doctor who treated their father in his dying days was reckless and liable for elderly abuse because he didn't prescribe enough pain medication.

ROBERT BERGMAN, PATIENT'S SON: We knew that if we told our story, if we told the truth, and put it in front of people, that, hopefully, they would see where we were coming from and that this did not need to happen.

HATTORI: Eighty-five year old William Bergman, a terminal cancer patient, died in February 1998 after spending six days at Eden Medical Center in Castro Valley, California. Bergman's children say he suffered needlessly because Dr. Wing Chin didn't administer enough painkillers.

BEVERLY BERGMAN, PATIENT'S DAUGHTER: When you're reckless in treating a person with chronic pain or intractable pain, there are consequences. I think that's what the -- that's what the jury said.

HATTORI: During the month-long trial, Dr. Chin testified he followed established pain management protocol.

BOB SLATTERY, ATTORNEY FOR CHIN: Well quite frankly, I think that the doctor complied with the standard of care, that the evidence that we produced showed that.

HATTORI: Family members acknowledged on the stand they didn't directly ask the doctor for more medication.

B. BERGMAN: We trusted that they knew what they were doing to relieve my father's pain. HATTORI: Advocates for terminally ill patients say undermedication for pain is a widespread problem.

JIM GEAGAN, FAMILY'S ATTORNEY: I think the effect of this is going to be tremendous increasing consciousness in California and, I hope, in the country that physicians have to make pain management a priority.

HATTORI (on camera): Bergman's family chose to sue for elder abuse because California's malpractice laws don't allow pain-and- suffering awards to deceased patients. The jury award, $1.5 million, is likely to be reduced to $250,000 to comply with a state cap on awards.

James Hattori, CNN, San Francisco.

(END VIDEOTAPE)

MCEDWARDS: Well, the care of the elderly is a topic of concern on Capitol Hill today. A Senate committee will look into allegations of abuse at retirement and private homes. Victims of the alleged abuse are expected to testify. And we want to give you a little bit of a preview on the whole issue.

So joining us now to talk about what is known as elder abuse is Dr. Joanne Lynn, president of Americans for Better Care of the Dying.

Good morning, Dr. Lynn. Thanks for being here.

DR. JOANNE LYNN, PRESIDENT, AMERICANS FOR BETTER CARE OF THE DYING: Good morning.

MCEDWARDS: We saw in that story in that just ran the doctor being sued for damages because of not prescribing enough medication. What if this was just a mistake, if you will, a misdiagnosis? Should a doctor still be punished?

LYNN: Well, it can't hardly be a misdiagnosis. The fellow was known to be dying and was not given anything to relieve his pain -- or wasn't given enough. People have to be able to count on getting good pain relief near the end.

MCEDWARDS: But if a doctor just misjudges the problem, believes he's acting in good faith, what about that?

LYNN: Well, I mean, it litigates things somewhat. It would be terrible if a doctor was maliciously inflicting pain. But it doesn't excuse it. It's still a mistake. Doctors are held to a very high standard. And they should be.

MCEDWARDS: And how widespread is the problem, Dr. Lynn?

LYNN: Oh very widespread. I think this sort of thing will greatly change how people see it. You have to be able to count on being comfortable when facing a bad disease. It really matters. And I think patients will learn to ask doctors if they'll be comfortable in giving enough pain medication. And I think doctors will be comfortable in telling patients that, "I know what I'm doing, and I can handle this, and you need never fear pain."

MCEDWARDS: I guess part of the problem is, some of these patients, given that they're elderly patients, maybe aren't as able to speak for themselves. So what should family members know? And what should family members be aware of?

LYNN: Well, most of us face a period of very bad disease towards the end of life. And I think we and our family members have to gradually come to understand what can be achieved and then look for it, just the same as you would look for a physician who could help relieve arthritis pain or a good doctor to take care of your cataracts.

It really matters to look for a doctor who knows how to take care of pain and suffering.

MCEDWARDS: Dr. Lynn, is the problem most often seen in institutions, in nursing homes, in hospice care? Is this the kind of thing that sometimes family members can inflict on one another as well?

LYNN: Well, I suppose, but it's wherever the person is. And most of us live most of our lives, even while very sick, in our homes or in nursing homes or assisted living. It clearly is a problem in hospitals, too.

It's more that we have been so focused upon treatment and prevention that we've forgotten that there's this problem of living with a bad disease. And we have to set some standards, educate the public, educate the profession and get really good at making it possible to live well despite living with a disease that will kill you.

MCEDWARDS: And beyond those efforts to educate, are there any -- are there any institutions, organizations that people can turn to if they want some advice or if they're not sure -- if they see their doctor doing one thing and they're just not sure whether it's right?

LYNN: Well, in terms of changing standards, Americans for Better Care of the Dying will be helpful. In terms of finding information about pain, there's some very good resources on the Internet. You can start with the American Pain Foundation or a site called StopPain, which is run by Beth Israel hospital in New York City. There are a number of very good resources now for pain.

But people, of course, face also shortness of breath or depression or weight loss. And I think that you can look for our book called "Handbook for Mortals." There's some other good resources now you can find in a bookstore. Information is becoming readily available. And it should be possible, just knowing that you can get it, to seek it out.

MCEDWARDS: All right, Doctor...

LYNN: And it's almost always possible to live well near the end of life.

MCEDWARDS: All right, Dr. Joanne Lynn, we've got to leave it there. Thanks very much. And I'm sure the Senate committee hearings are going to be most interesting and most helpful in educating people -- appreciate your time.

LYNN: Thank you very much.

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