Doctor charged of malpractice for not giving enough pain medicine

This is a civil case involving a doctor found liable for medical or doctor malpractice on the grounds of recklessness and abuse for not prescribing enough pain medication to a patient who later died of cancer.

In their suit, plaintiffs alleged that the defendant doctor was reckless in not prescribing sufficient medication to ease their father's suffering.

After six days in the hospital, the 85-year-old patient was discharged where he died in his home three days later of lung cancer.

Plaintiffs charged that, under California state law, the lack of treatment is tantamount to elder abuse.

During the trial, the doctor said that he followed established standards in prescribing pain medication to plaintiffs' father. His malpractice attorney also argued neither the patient nor his family requested that the doctor prescribe more pain medication to alleviate the suffering.

The doctor's lawyer said he would appeal the verdict.

This is the first verdict in a lawsuit involving doctor malpractice under California's Elder Abuse and Dependent Adult Civil Protection Act.

Under the act, survivors may sue for a patient's pain and suffering, which is a break with malpractice standards.

The standard of proof in this type of case is much higher than for a medical or doctor malpractice lawsuit.

It must be established that the doctor was reckless, and not simply negligent as is required to prove doctor 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 the doctor demonstrated malice or oppression of an elderly person, no punitive damages were awarded.