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(HealthNewsDigest.com) – TUCSON, Ariz., Oct. 20, 2011 — Six months after Dr. Richard Teh, an internist in Las Vegas, was handcuffed and taken to jail from his office as patients, staff, and partners looked on, murder charges against him were dismissed with prejudice, which means they can never be reinstated.
A patient did die, but there was never any evidence that she had been murdered, much less that the doctor had done it.
The criminal complaint alleged that the doctor did “willfully, unlawfully, feloniously, … and with malice aforethought, kill [the patient], … by making available …. controlled substances….”
Dr. Teh was treating the patient for chronic pain. The Las Vegas Review-Journal asserted in a front-page article that the doctor had prescribed “deadly amounts” of painkillers. The first medical examiner ruled that the death was due to “multiple drug intoxication,” as well as an enlarged heart and kidney failure, which “could be” caused by drug intoxication. Bottles of prescription medications were found in the patient’s home by her estranged husband and his off-duty detective friend, who took them to the coroner’s office.
Drug levels in the patient, however, were very low, far below toxic levels, and she had walked into the emergency room fully alert. Hospital records showed a very low white count, compatible with overwhelming infection. The killer was actually a bacterium called Pseudomonas, which grew out of the patient’s blood. This infection, which can be extremely difficult to treat, caused pneumonia, adult respiratory distress syndrome, and multiple organ failure.
Numerous patients and physician colleagues expressed support for Dr. Teh — as well as concerns that chronic pain patients will have still more difficulty obtaining medicine they need because of heavy-handed law enforcement. If their patients die from deliberately abusing their medications, or for any other reason, doctors could be accused of murder. This is especially true if patients develop tolerance to the drugs and require large doses.
“The Teh case is by no means unprecedented,” stated Jane M. Orient, M.D., executive director of the Association of American Physicians and Surgeons (AAPS). “Many physicians have been prosecuted and even gone to prison for years for the ‘crime’ of trying to relieve pain.”
http://www.aapsonline.org/pmnew.htm
The Teh case was initially brought to the attention of the state DEA task force by the patient’s estranged husband and his friend, then to the prosecutor after settlement of a malpractice suit brought by the husband. As frequently happens, the physician’s malpractice carrier had advised him to settle to avoid the costs of defense. This can be misconstrued as an admission of wrongdoing, where none occurred.
“Clark County prosecutors did the right thing in dismissing this case,” said Dr. Orient. “But all too often, prosecutors want a conviction at all costs.”
In the months it took to correct the error, however, the doctor incurred enormous legal expenses, and suffered irreparable damage to his reputation and peace of mind. The patient’s good name was also smeared in the press. She was called an addict although she was simply a patient who suffered from severe pain. And every case like this makes it more difficult for patients to find the care they need.
AAPS, a national organization representing physicians in all specialties, (www.aapsonline.org) was founded in 1943 to defend the sanctity of the patient-physician relationship.
Web Site: http://www.aapsonline.org
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