Should Clinicians Be Liable for Patient Suicide After Failing to Prescribe Pain Medications?
https://www.clinicaladvisor.com/features/failure-prescribe-pain-medications-suicide/
Mr M was a 48-year-old married man with 3 children. He had been seeing his primary care physician (PCP) regularly since 2005 for chronic, debilitating cervical pain. The patient had been diagnosed with multi-level degenerative disc disease and cervical radiculopathy stemming from injuries he sustained in a car accident in his 20’s. The patient was prescribed opioid medications for pain management by his previous PCP, starting in 2005.
Mr M took his medication as prescribed and showed up for his medical appointments. By 2017, the patient was on a combination of medications to manage his pain including morphine sulfate (60 mg 3 times a day), oxycodone/paracetamol (5/324 mg every 4 hours, as needed), and zolpidem (10 mg/d),
In late February 2017, Mr M was told that his PCP was retiring in a few weeks and he should find a new primary care provider. He set up an appointment to establish care at another clinic but his first appointment was not until May. In early April, Mr M filled his final prescription from his PCP. By early May, the patient had run out of medication but was unable to get an earlier PCP appointment.
In severe intractable pain, Mr M went to his local emergency department (ED) in mid-May, the day before his new PCP appointment. He told the ED providers that his morphine sulfate prescription had lapsed the previous day. He explained that his physician had retired and he was unable to get an appointment with a new primary care provider until the next day.
Mr M was given 1 dose of morphine sulfate in the ED and was then sent home with instructions to follow up with his primary care provider. The next morning, he went to his appointment at the new clinic. There he was assigned to a physician associate (PA). The PA examined the patient but did not refill Mr M’s opioid prescriptions. Because the PA did not take thorough notes, there was no mention in the patient’s record of why he refused to refill the prescriptions, or whether he consulted with any of the 4 supervising physicians at the practice.
What is known is that the PA did not renew the existing prescriptions and sent the patient home without pain medication. Mr M experienced severe withdrawal from the morphine, and, feeling hopeless, died by suicide the following day. He was survived by a wife and 3 children.
Legal Background
The patient’s widow hired an attorney who sued the PA and all 4 of the supervising physicians at the clinic. Discovery began, and the plaintiff’s attorney retained an expert physician to go over Mr M’s medical records.
The expert physician concluded that there was evidence of medical negligence in the treatment of Mr M. Specifically, the expert noted that the care provided by the PA and his supervisors fell below the appropriate standard of care required in such a case. The expert’s report alleged that the PA and his supervisors had:
- Failed to properly evaluate, diagnose, and/or treat Mr M who had been dependent on opioids for pain management for well over a decade.
- Improperly refused to renew Mr M’s pain medication prescriptions.
- Failed to prescribe adequate medication to manage the patient’s evident and well-documented pain.
- Failed to provide a taper or bridge medication to help transition off pain medication and to lessen withdrawal symptoms.
- Failed to appreciate the physical and mental dangers of acute opioid withdrawal.
- Failed to take adequate steps to prevent or minimize the severe effects of withdrawal from long-term opioid dependence.
- Failed to refer the patient to a pain specialist or detoxification center after declining to renew his prescriptions.
The expert’s list of the clinicians’ failures was extensive and blamed the supervising physicians as well for failing the patient.
The case was settled out of court for an unpublished amount. It is unclear why the family did not sue the original PCP who retired and left his long-time patient without any direction.
Protecting Yourself
We cannot tell from the facts in this case why the PA declined to renew Mr M’s prescriptions. The doses of opioids may have been higher than the PA was used to seeing in a primary care practice.
There were many mistakes in this case. The retiring PCP left his patient without clear instructions or referral to a pain specialist. He should have helped Mr M find a new provider who would continue the opioids, or he should have helped the patient to taper off his medications before he left his practice. Instead, the PCP retired and left his patient with no continuity of care.
It is not clear whether the PA had access to Mr M’s previous medical records at the time of their meeting. However, not treating a patient who is opioid-dependent is negligent. Mr M was not offered anything to help with his pain or offered medical management of his opioid withdrawal, a short prescription for pain relief, or a referral to a pain specialist. He was sent home in physical pain with no recourse.
We are all aware of the opioid “epidemic” in this country and the hazards that these medications can bring, but that should never be an excuse to deprive a patient of desperately needed help.
Ann W. Latner, JD, a former criminal defense attorney, is a freelance medical writer in Port Washington, New York.
Filed under: General Problems
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JMO,,, I think the man responsible for tieing our doctors hands should be,,,for me that would be Andrew kolodny,,,for he lied,,,he lied about everything concerning chronic physical pain patients due to non choice MEDICAL conditions,,,ie chronic pain folks,,he lied for $$$$$$$ for his addiction business and his Physician reciprocal Insurance company,,,Our government allowed a shrink to make POLICED public policy for the mass’s,,No other country on earth, allows psychiatry to make policed public policies,,none,,,,they learned from Hitler,,,what not to do,,,,,The conflict on interest in allowing a addiction shrink to make policed public policies for the mass;s was huge,and hugely ignored,,,Now the MEDICAL industry is feeling the effects of allowing 1 business to thrive,ie addiction business is the new ,”boom town,” whilest our MEDICAL business,ie pharmacy,hospitals are closing at alarming deadly rates,,,Shortage of doctor,nurses,,who the hell would want to work in real medicine,,just to loose all their hard work,college degrees, etc from the DEA and medical boards run by shrinks,,U CAN’T TAKE 50 MILLION MEDICALY ILL PEOPLE,,chronic pain folks,, OUT OF THE MEDICAL SYSTEM,,AND THINK IT WILL BE LEFT STANDING,,DAHHHH,,,,Kill-odyn business took,,50 million chronic MEDICALLY ill,pre-existeer out of the medical system,,and fact,,,,,its collapsing,,,.Again why u never allow a shrink,,to make public policed policies for the mass’s,, beside the manipulation of the mass’s,, financial it will
not remain standing,,obviously,,when you POLICE
medicine,,for the workers in REAL medicine,,the ends do not meet the means,,,it just not worth it anymore,,when the DEA is knocking on your door at 70 years old to STEAL everything you’ve worked for ur entire life,,,jmo,,maryw
Sadly over in Scotland and other European Countries they are cutting their patients off pain meds cold turkey. My friend had a stroke because of this happening to her. Stage 4 cancer
Excellent response, Mary. Although Kill-odney (I love that) is the one who started this entire mess and he has blood on his hands, I lay the blame on the PA for not RX’ing a few days of medications to save this patient’s life. There was no excuse that was given to the poor patient. And I see how untreated pain affects me, he was in no shape to stand up for himself. I am deeply saddened for Mr. M’s family, loved ones and friends. Breaks my heart.
Your post sums up well about shrinks have made POLICED PUBLIC POLICY! You and I both know the writers of the 2016 CDC Opioid Guidelines were addition specialists. None ever treated pain. Plus the CDC has no say in treating pain, only infectious diseases.
TY for giving some of the background to this horrific situation for pain patients, but now, doctors who treat pain. All my best to you.
This keeps Happening over and over again. Incompetent physicians period. If fear is there problem and is why they continue forcing patients suffer and die? Then more need to be sued! Sued for undertreatment as well.Just so Disgusting where healthcare is today.
This is so sad. Not one medical professional cared enough to ensure this patient had the resources he needed to stay alive. Three children are without their dad for their whole lives. This was so preventable.
Typical circle jerk we go through with deadly outcomes only we are the only ones that see or care