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ASA NEWSLETTER
 
 
February 2000
Volume 64
Number 2
 
LETTERS TO THE EDITOR

'CONTROVERSIES...'

Editor's Note:

Occasionally the NEWSLETTER receives comments that serve to stimulate discussion on evolving practice issues. They will appear in short essay form under this section.

I read the recent article "Controversies in Pain Management: Ethics in Business Practice" (October 1999 NEWSLETTER) and, frankly, I was disappointed. Pain management is an area where there are numerous ethical controversies. However, even major pain societies devote only a small percentage of time discussing ethics. While there are certainly many difficulties in the business side of a pain practice, the article left me with an ill feeling, as there are numerous ethical issues in pain management that we really should be addressing. For example:

Chronic Opioid Usage and Addiction

Is chronic opioid therapy an option for the treatment of chronic "nonmalignant" pain in a patient with a history of addiction? It could be, if all other options have failed and the patient has shown functional improvement with chronic opioid therapy. Most practitioners would consider this appropriate for a patient with a "remote" history of addiction, e.g., a 40-year-old with a history of drug experimentation in his teens. But what about a patient who has a current history of addiction and all other forms of therapy have failed? Even an addict can develop chronic intractable pain. When all else has failed, should the patient with a history of addiction be denied opioid therapy? Does this circumstance require treatment only by a practitioner qualified in both chronic pain and addiction medicine? What if no such practitioner is available?

Medicaid... or Worse: The 'No Pay' Patient

How often do we guide our treatment by the method of payment? Even the best-intentioned private practitioner realizes that there are financial constraints in the treatment of a patient. No practitioner can afford to bankrupt one's practice while trying to provide good treatment. But how often do we make treatment decisions based on payment potential? How often do we say, "the insurance will pay for the block" or "he has no psychiatric benefits." Thus these questions often lead to the problem of...

...Dumping

This is the practice of sending Medicaid or "self-pay" patients to the local state-supported medical school. While this might seem to be an instinctually unethical practice, there are some sound arguments made by private practitioners who do this, e.g., if you have a patient with psychiatric problems and your local psychiatrist will not accept Medicaid or self-pay patients. What about a patient who requires numerous or expensive procedures and has no means to pay for it? While most of us can absorb some of these patients in our practice, I have known of pain clinics that closed due to these types of financial burdens. Deciding when to send a patient elsewhere, or to terminate treatment for financial reasons, is not as clear-cut of a decision as some would make it out to be.

Expensive Technology

Similarly, there are some unclear ethical issues relating to expensive new technologies in pain management. Pumps, stimulators, epiduroscopy, etc. are all expensive technologies. Although there are debates about the clinical appropriateness of these techniques; realistically, decisions about these new technologies are based on financial means. While it is obviously unethical to use such technology only because a patient can afford to pay for it, there are similarly unsettled ethical issues related to not offering the same technology to a patient who cannot afford it.

'Secondary Gain'

Whether we wish to admit it or not, we all view the patient with secondary gain suspiciously. But exactly what role does secondary gain have in diagnosis? Any person injured due to the fault of another would likely file a lawsuit. In a patient with unidentifiable pain generators, however, secondary gain becomes highly suspicious. How
much does this phenomenon affect our clinical decisions?

How do we deal with a situation in which an insurance carrier gets a second opinionÓ from a physician who routinely sides with the insurer, while the patientÕs lawyer gets exactly the opposite? Using your best clinical judgmentÓ is not always clear-cut. What is your level of responsibility to trust and supportÓ your patient?

Policy Statements Have we made a mistake by informing the public about all our current policies?

Recently, a new patient adamantly demanded that I treat him with chronic opioid therapy as this was not only the appropriate treatment for his problem, but also the recommendation of numerous pain societies.Ó This patient came armed with numerous official statementsÓ taken from various respected medical societies. All acknowledged the appropriateness of using chronic opioid therapy for chronic benign pain. We understand what these policy statements were meant to accomplish; but to the uninformed public, they can become misleading or even become fuel that places inappropriate pressure on treating physicians. Again, have we made a mistake by making these policy statements so widely publicized to the lay public?

Whether we wish to accept it or not, we have both a duty to inform and a duty to protect the public. In an ideal world we can inform and educate. In our imperfect world, however, we often fail to do both. Have we erred by publicly posting these policies in an effort to gain political and regulatory gains?

Limits to Our Help Is there a limit to what we can do? When we have tried everything and failed to find a cause or a treatment, why is it that we seem to be unable to accept our limits? Is there always a specific diagnosis and pain generator? I realize I am only scratching the surface, but I think the NEWSLETTER would be an ideal means of initiating some much needed education and discussion on ethical issues.

Eddy Fraifeld, M.D.
Danville, Virginia



Well Ventilated!

As a retired member of the ASA, I am moved to express the pride I felt after reading your article concerning the perspectives we feel as anesthesiologists when dealing with the issue of pain and death (Ventilations, The Quiet Terror of Dying,Ó October NEWSLETTER). After 30 years as an anesthesiologist, preceded by 10 years in family medicine, I readily identify with the feelings you expressed with such great sensitivity. The excellence of your article should be proudly noted by our colleagues who deal with pain management in daily practice.

William H. Rice, M.D.
St. Cloud, Minnesota

 


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