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You can
visit Dr. Fisher's website at: http://www.drfisher.org
Statement
Concerning the Case of Frank Fisher, MD
The
National Foundation is dedicated to protecting the right to treatment
of intractable pain patients and the right of physicians to practice
legitimate and effective pain care.
January 9, 2002
The principles of the Foundation specify that:
| 1. |
Every person has an absolute
right to relief from suffering |
| 2. |
Every physician has a sacred
obligation to relieve suffering |
| 3. |
Competent pain care requires: |
| |
a. |
Comprehensive
review of the patient’s medical records |
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b |
Careful initial
evaluation by the prescribing doctor, including the taking
of a history, a mental status examination, and physical
and neurological examinations as required by the case |
| |
c. |
Diagnostic studies
necessary to establish an exact and reliable diagnosis |
| |
d. |
Appropriate prescription
and careful follow-up of the prescriptive regimen for outcome
and titration |
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e. |
Avoidance of the
diversion, abuse, or recreational use of prescriptive medications
or the use of illegal drugs. |
With adherence to these principles
the treatment of intractable pain is a highly useful, effective
and life-saving medical modality. Further, this is the official
position of the World Health Organization, the U.S. Drug Enforcement
Agency, the US National Institutes of Health, the American Medical
Association, the American Psychiatric Association, the American
Academy of Pain Medicine, the National Federation of State Medical
Boards and fifty other pain specialty organizations.
The National Foundation for the
Treatment of Pain cannot presume to offer a professional, medical
opinion on the standard of pain management care pro-vided by
Dr. Fisher. That is the professional and legal responsibility
of the Board of Medicine of the State of California. In principle,
however, we absolutely support his right to provide legitimate
and competent pain care.
The National Foundation for the
Treatment of Pain deplores, however, the fact that criminal
charges were brought against him in complete disregard of the
established professional mechanisms for reviewing and regulating
medical practice in California. Although justice will surely
prevail eventually, the rush to criminal prosecution in the
Fisher case served only to further deter legitimate physicians
from undertaking the care of patients in intractable pain. Moreover,
circumventing the process of professional medical review only
obscured and confounded the case, and replaced the legitimate
mechanisms for safeguarding responsible medical care with an
adversarial battle in the circus of the media. This has caused
inestimable harm to the welfare of pain patients, the struggle
to legitimize their care, the institutions of professional medical
quality assurance, and the institutions of justice. If ever
the cart was placed before the horse, this is a clear instance.
J.S. Hochman, MD
Executive Director
National Foundation for the Treatment of Pain
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