393 reading guilty for elderly abuse

Doctor Found Guilty of Elder Abuse
From a news story by
CNN San Francisco Reporter James Hattori
June 12, 2001

A jury in Northern California has found a physician liable for elder abuse because he failed to
administer enough pain medication for a terminally ill patient. The jury awarded one-and-ahalf million dollars to the patient's family.
William Bergman's children say they knew the odds were against them in court, but a jury
found the doctor who treated their father in his dying days was reckless and liable for elderly
abuse because he didn't prescribe enough pain medication.
Robert Bergman, the patient's son says, "We knew that if we told our story, we told the truth,
and um put it in front of people, that uh hopefully they would see where we were coming
from and that this did not need to happen."
85-year-old William Bergman, a terminal cancer patient, died in February 1998 after
spending six days at Eden Medical Center in Castro Valley, California. Bergman's children say
he suffered needlessly because Dr. Wing Chin didn't administer enough painkillers.
Beverly Bergman, the patient's daughter, says, "When you're reckless [and] you're treating a
person with chronic pain or intractable pain, there are consequences. think that's what the
jury said today."
During the month-long trial, Dr Chin testified that he followed established pain management
protocols.
Bob Slattery, Dr. Chin's defense lawyer says, "Quite frankly I think that the doctor complied
with the standard of care, [and] that the evidence that we produced showed that."
Family members acknowledged on the stand [that] they didn't directly ask the doctor for
more medication.
Alice Edlinger, Bergman's daughter, says, "We trusted that they knew what they were doing
to relieve my father's pain."
Advocates for terminally ill patients say undermedication for pain is a widespread problem.
Jim Geagan a family attorney says, "I think the effect of this is gonna be a tremendous
increase in consciousness in California and, I hope, throughout the country that physicians
have to make pain management a priority."

Bergman's family chose to sue for elderly abuse because California malpractice laws don't
allow pain and suffering awards for the deceased. The jury award, one-point-five million
dollars, is likely to be reduced to 250-thousand dollars to comply with a state cap on awards.


1. True or False – Circle the correct answers.
a.) According to the Northern Californian court, a physician has been found guilty for having
refused to treat a cancer patient.
b.) The patient has been awarded one-and-a-half million dollars by the jury.
c.) According to Dr.Chin’s defense lawyer the doctor gave enough painkillers to Mr.Bergman.
d.) In California you can normally be awarded 250,000 dollars if you go to court with elderly
abuse complaints.
e.) A family attorney thinks it will give a big boost to Californians that are willing to sue for
undermedication.

2. Answer the following questions in one sentence.
I. Why did the family go to court on the first place?
....................................................................................................................................................
II. Were William Bergman’s children confident about the outcome of the trial when they
went to court?
................................................
III. What was Robert Bergmam hoping for?
.....................................................................................................................................................
IV. What was the main argument of the defense?
.....................................................................................................................................................
V. Why did the family sue for elderly abuse instead of undermedication?
....................................................................................................................................................

3. Finish the sentence with the best alternative.
1.) A jury in Northern California has found a physician liable for elderly abuse because....

a.) he refused to treat a patient.
b.) he sexually molested a patient.
c.) he did not perscribe enough painkillers to a patient
d.) he gave the wrong medication
to a patient.
2.) William Bergman’s children thought...


a.) the jury would not understand their situation
c.) their father should have suffered less

b.) they would be given more money
d.) it was not the doctor’s fault at all

3.) According to a family attorney this trial will...
a.) make people go to court with minor problems b.) frighten physicians out of the state
c.) force hospitals to update their pain management
d.) have no effect on people at all

Vocabulary
1
liable : A jury in Northern California has found a physician liable for elder abuse...
not to blame

alive

responsible

guilty

2
terminal : ...he failed to administer enough pain medication for a terminally ill patient.
being at the end

being at the beginning

not serious

having to due with wellness

3
administer : ...he failed to administer enough pain medication for a terminally ill patient.
to take orders

to make plans

to make rules

to give to someone to take

4
chronic : ...you're treating a person with chronic pain or intractable pain, ...
lasting a short period of time

lasting over a long period of time

sharp

dull

5
intractable: ...you're treating a person with chronic pain or intractable pain, ...
not to be found
easily controlled
not easily controlled
not to be changed

6
consequence: ...there are consequences.
time
idea
result

plan

7
testify: Dr Chin testified that he followed established pain management protocols.
to give tests
to deny
to give proof
to work hard

8
protocol: Dr Chin testified that he followed established pain management protocols.
call
sign
order
practice

9

acknowledge: Family members acknowledged on the stand ...
to deny something
to admit something is true
to be wise

to do something funny

10
advocate : Advocates for terminally ill patients say undermedication for pain is widespread
problem.
a supporter
an opponent
a doctor
an accountant