Pubdate: Sun, 27 May 2001 Source: San Francisco Chronicle (CA) Section: Page A - 4 Copyright: 2001 San Francisco Chronicle Contact: http://www.sfgate.com/chronicle/ Details: http://www.mapinc.org/media/388 Author: Tyche Hendricks, Chronicle Staff Writer PAIN MANAGEMENT - A PLEA FOR LESS PAIN DYING PATIENTS Families Want Relief When It's Needed Most Dr. Stephen Knox walks a tightrope as he seeks to treat the intractable pain of his many patients with AIDS and cancer. The San Francisco doctor has found that morphine and other narcotics often - - - but not always -- are the most effective way to ease his patients' suffering. But he fears the scrutiny of state authorities, who closely regulate such drugs. "Pain can be debilitating," Knox said. "It consumes people and affects their well-being. Sometimes by getting them on adequate medication, they can go on with their lives. But I keep getting worried that the government's going to investigate me." Doctors in California and across the nation face a quandary as a traditional approach to pain -- in which physicians were skeptical of patients seeking medication and worried they could lose their licenses for prescribing too many narcotics -- gives way to an emerging standard that doctors should listen to their patients and treat pain aggressively. Although doctors still face sanctions for overprescribing, the changes in pain management are backed by recent research and have led to a handful of lawsuits accusing doctors of undermedicating pain, including one case in trial in Alameda County. "It used to be that doctors were really patrician, and what they said was what the patient did," said Dr. John Fletcher, a San Francisco internist practicing since 1964. "But (the demands of) patients have put doctors in the middle. We are walking a fine line. It's frustrating at times." The East Bay case is the first in the nation to charge a doctor with elder abuse for alleged undermedicating. The children of 85-year-old William Bergman of Hayward, who died of lung cancer, are suing his internist for failing to prescribe enough painkillers to ease the torment of his final days. Medical experts say the case shows how patients are becoming better educated about their options and more willing to be outspoken, while patient advocacy groups are becoming more militant in demanding better care, especially for the terminally ill. One example of that activism, the passage by Oregon voters of a 1997 ballot measure permitting assisted suicide, was influential in persuading the medical establishment to work harder to make people comfortable in their dying days, according to Dr. Robert V. Brody, chief of the pain consultation clinic at San Francisco General Hospital and a professor of medicine at the University of California at San Francisco. "There's an understanding finally that the biggest drug problem we have is with the undertreatment of pain," said Brody, who testified last week in the Alameda County trial. The new consensus on aggressive pain treatment has been fueled by research that has attempted to quantify America's pain problem. A 1995 study, funded by the Robert Wood Johnson Foundation, found that half of those who died in acute-care hospitals nationwide were in moderate to severe pain in their last days. A Brown University study, published in the Journal of the American Medical Association last month, found that 40 percent of nursing home patients nationwide with acute or chronic pain are not getting treatment that brings them relief. These findings, combined with patient activism, have led to new laws and professional standards encouraging more prompt and effective treatment of pain. In 1994, after years of disciplining doctors for overmedicating, the California Medical Board issued guidelines reassuring physicians that it was acceptable to use narcotics to treat persistent, incurable pain. And in 1997, the Legislature approved the Pain Patient's Bill of Rights allowing patients to ask for the painkillers of their choice. Similar laws went into effect in other states. Nationally, the Department of Veterans Affairs has directed doctors and nurses at VA hospitals to monitor a patient's pain level as a "fifth vital sign." In January, the Joint Commission on Accreditation of Healthcare Organizations began requiring hospitals, hospices and nursing homes to assess and treat pain in order to be accredited. And the federal agency that certifies health care providers receiving reimbursement from Medicare or Medicaid also established standards for pain management. "Unrelieved pain has enormous psychological and physiological impacts. It delays healing, it increases anxiety, and those are increased costs that health care organizations bear," Joint Commission spokeswoman Charlene Hill said. In San Francisco, a 2-year-old hospice at the University of California Medical Center is serving as a model for so-called "palliative" care, which is focused on alleviating pain. Families are encouraged to be with the dying patient and even spend the night. Patients stay in homelike suites where music plays and nurses administer morphine and help keep patients comfortable, to allow them a dignified death. But such treatment is still the exception to the rule, says Barbara Coombs Lee, executive director of the Oregon nonprofit Compassion in Dying, one of the principal groups advocating for improved end-of-life care. The group, which is assisting the East Bay family in its lawsuit, also is sponsoring legislation that would force the California Medical Board to require doctors to get education in pain management if the board finds they have treated a patient's pain inadequately. The medical board did say the Hayward man's pain treatment was insufficient, but his physician, Dr. Wing Chin, was not disciplined because the board did not find he had violated state law. "There are currently no consequences for abandoning patients to their pain, " she said. "But there are at least perceived consequences for being seen as an excessive prescriber." Physicians who deal with pain say the change will take time. "The fear of (abetting drug) abuse is legitimate, but it's something we have to live with," Brody said. "On the first pass, you have to take the patient's word for it. And that's a big leap for doctors." - --- MAP posted-by: Beth