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| | Unique Pain-Killer Case Results in Jury Award By John Millrany - June 18, 2001In what has been described as the first case of its kind, a family has been awarded $1.5 million after a jury found that a physician failed to prescribe enough pain medicine to a dying patient.
An Oakland jury last week found against Bay Area internist Dr. Wing Chin, who treated William Bergman, a retired railroad detective, in a ruling tantamount to elder abuse and recklessness. However, the jury deadlocked on whether the doctor was liable for malice, oppression or intentional emotional distress.
Bergman’s family alleged in the suit that Chin didn’t order strong-enough pain medication for Bergman’s back pain in his final days. The 85-year-old patient died in 1998.
There was no immediate comment from Chin, who was praised by a spokesperson at Eden Medical Center for devoting his career to caring for ailing patients, many of who are seniors. Meanwhile, the California Medical Board indicated it found no pertinent evidence of a violation of medical practice regarding the case. |