JURY AWARDS $1.5 MILLION TO FAMILY OF CALIFORNIA MAN DENIED PAIN MEDICINE

OAKLAND, Calif. (AP) -- A jury has awarded $1.5 million to the family of a
man who accused his doctor of not prescribing enough pain medication during
a battle with lung cancer.

The jury found internist Dr. Wing Chin guilty Wednesday of elder abuse and
recklessness in the case filed by the family of retired railroad detective
William Bergman. The jury deadlocked on whether Chin was guilty of malice,
oppression or intentional emotional distress.

The lawsuit alleged Chin did not prescribe strong enough pain medicines to
ease Bergman's back pain in his final days. Bergman, 85, died in 1998.

It was the first case of its kind, in which undermedicating was called
elder abuse, Kathryn Tucker, legal director of the Oregon nonprofit
Compassion in Dying Federation has said.

"It'll send a message to the medical community that they cannot
under-medicate without consequences," said Bergman's daughter, Beverly
Bergman, who filed the suit with her brother and sister.

The California Medical Board took no action on a complaint they filed,
saying it did not find convincing evidence of a violation of the medical
practice act.

Chin declined to comment after the verdict. His attorney, Bob Flattery,
said he was disappointed with the outcome and would discuss an appeal.