• Phone 213.480.1900
Bonne Bridges Mueller O’Keefe & Nichols
  • The Firm
  • Our Team
  • Practice Areas
    • Medical Malpractice Defense
    • Disciplinary & Licensing Matters
    • Elder Abuse & Long Term Care
    • Complex Litigation
    • Appellate
    • Expert Development
    • Mediation Services
  • News
  • Join Us
  • Contact Us

News

The Legal Dangers of Over-Prescribing Pain Medicines

Posted November 26, 2017 in Articles
The Legal Dangers of Over-Prescribing Pain Medicines

On February 5, 2016, Hsiu-Ying “Lisa” Tseng, D.O., was sentenced to 30 years to life in prison for the second degree murder of three men who fatally overdosed while under her care. A second degree murder charge, let alone conviction, as a result of overprescribing should give all California physicians pause.  The Los Angeles-area doctor was the first in the United States to be convicted of murder for recklessly prescribing painkillers.  (Michael Jackson’s doctor, Conrad Murray, M.D. was not convicted of murder—he was convicted of involuntary manslaughter.)

While some commentators believe the doctor’s conviction will improve standards of practice and overall patient safety, others believe patients will suffer needless pain as a result of physicians’ fear of prescribing drugs susceptible to abuse.  The risk of a murder charge may well have a chilling effect.  But a refusal to act is an act in itself.  So, what can doctors do to continue to serve their patients, yet avoid a murder charge?

Documentation is key.  When there is a clear indication for a prescription, no one can question it.  If there are no objective findings, the physician should document the specifics of the patient’s complaints, and should document trials with milder agents.  Prosecutors in the Tseng case told reporters she kept few records on the patients, until contacted by the Medical Board, at which point she reconstructed them.  (See story here: http://www.statnews.com/2016/02/05/doctor-prescription-drug-murder/)

Prosecutors also told reporters family members went to the doctor and begged her to stop prescribing drugs to their loved one.  By this point, the patient should have been referred to a pain management specialist.

Finally, if dealing with chronic pain, it is important to request and review prior medical records. Doctors should employ Universal Precautions, as outlined by Gourlay and Heit.  [See, Gourlay DL, Heit HA. Universal Precautions Revisited: Managing the Inherited Pain Patient. Pain Med. 2009;10(suppl 2):S115-S123.] The 10 principles are:

  1. Diagnosis with appropriate differential diagnosis;
  2. Psychological assessment including risk of addictive disorders;
  3. Informed consent (verbal or written/signed);
  4. Treatment agreement (verbal or written/signed);
  5. Pre-/post-intervention assessment of pain level and function;
  6. Appropriate trial of opioid therapy ± adjunctive medication;
  7. Reassessment of pain score and level of function;
  8. Regular assessment of the “Four As” of pain medicine:  Analgesia, activity, adverse reactions, and aberrant behavior;
  9. Periodically review pain and comorbidity diagnoses, including addictive disorders;
  10. Documentation (including history of smoking, alcohol, other drug abuse, incarceration).

Finally, if there is any suspicion of overuse, the California physician should check the CURES database.  All prescription drug history information is maintained in the California’s Controlled Substance Utilization Review and Evaluation System.

Our conclusion is this is a rare case, with several factors playing into the decision to charge murder.  A reasonable physician acting within ordinary standards of care and employing careful documentation should have no fear of the same thing happening to him or to her..

Paperless loans as the name suggests are completely free from the hassles of faxing massive papers prior to loan https://dondilon.livejournal.com/profile approval. Coming with paperless facility, this will even make the loan processing faster, easier and effortless
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on X (Opens in new window) X
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to email a link to a friend (Opens in new window) Email

Categories

  • Articles
  • Verdicts

Archives

  • May 2019
  • April 2019
  • November 2017
  • March 2017
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
Bonne Bridges Mueller O’Keefe & Nichols

Representing doctors and healthcare providers for more than 60 years.
Find out how we can help you!

Key Practice Areas
  • Medical Malpractice Defense
  • Elder Abuse & Long Term Care
  • Administrative and Regulatory Law
  • Complex Litigation
Connect With Us
  • 213.480.1900 Phone
  • 213.607.5588 Fax
  • Privacy Policy
  • Disclaimer
© Copyright 2025 Bonne Bridges Mueller O’Keefe & Nichols. All Rights Reserved. | Website by: 5D Spectrum

Subscribe to our newsletter.

MENU
  • The Firm
  • Our Team
  • Practice Areas
    • Medical Malpractice Defense
    • Disciplinary & Licensing Matters
    • Elder Abuse & Long Term Care
    • Complex Litigation
    • Appellate
    • Expert Development
    • Mediation Services
  • News
  • Join Us
  • Contact Us