Guest guest Posted April 20, 2005 Report Share Posted April 20, 2005 According to an article in the current American Journal of Law and Medicine, there is a push at the federal level to develop formal standards of care for acupuncture practice. If a patients sues and it is found that whatever the determined standards are were not adhered to, the L.Ac. will likely receive a large judgment against them and lose their license. This will eliminate the freedom to stray from a narrow conception of CM except in extreme and rare circumstances. However, w/o standards of care, you might actually be judged negligent for just about anything you do, depending upon which state you got sued in. Bob Flaws pointed out this concern on this list several years ago. Not as sexy an issue as being called doctor, I guess. Chinese Herbs Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 20, 2005 Report Share Posted April 20, 2005 The reason for not defining a standard of care is that any and all practitioners could be sued and also prevents the introduction of new ideas. We are not alone as the medical boards of most states will not define this in writing either. In MN, we have asked for a definition of this as well as where it is in writing. It does not exist. If the legal community is looking for this one has to wonder why and if we are to be targeted. I would find it strange that a legal journal would bring us up as we have a very low rate of malpractice lawsuits and a small number of practitioners. Lastly, why would the federal government need to become involved unless we become Medicare/Medicaid eligible practitioners but even this seems odd as the practice of medicine is determined by each state and regulated by the various boards? Mike W. Bowser, L Ac > < > >cha > standards of care >Wed, 20 Apr 2005 17:00:29 -0700 > >According to an article in the current American Journal of Law and >Medicine, there is a push at the federal level to develop formal >standards of care for acupuncture practice. If a patients sues and it >is found that whatever the determined standards are were not adhered >to, the L.Ac. will likely receive a large judgment against them and >lose their license. This will eliminate the freedom to stray from a >narrow conception of CM except in extreme and rare circumstances. >However, w/o standards of care, you might actually be judged negligent >for just about anything you do, depending upon which state you got sued >in. Bob Flaws pointed out this concern on this list several years ago. > Not as sexy an issue as being called doctor, I guess. > > > >Chinese Herbs > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 23, 2005 Report Share Posted April 23, 2005 The reason for not defining a standard of care is that any and all practitioners could be sued and also prevents the introduction of new ideas. >>>>>>>I have no idea what you guys are talking about. You cannot be sued for not following standard of care unless there is damages. You cannot really be sued unless the patient can show damage period. You can loose your license depending on state rules. I CA, until this year, MDs could have lost their lic for doing unapproved medicine. As of this year however the board cannot go after an MD unless there is a patient complaint and damages. In some other states, the STATE has to prove that the traditional, ie standard of care, would have been safer and effective, which is very difficult to do. These days treatment standards of care have more to do with insurance than anything else. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 24, 2005 Report Share Posted April 24, 2005 Alon, The standard of care is an unwritten guide to care providers give to patients. As it is not written it is hard to legally enforce. Care changes over time making it impossible to justify one standard for all or even what procedures are acceptable. This is one area where I would push for not completely dilineating an idea otherwise we would risk unnecessary lawsuits. Standards of care are now being legislated in MN with passage of the best practices act, which has the state evaluating medicine and publishing a report card for each MD, DO, DC. The state is now in the practice of medicine and can audit all patient records without patient consent. This is scary stuff and demonstrates a major step in the wrong direction. Mike W. Bowser, L Ac > " " <alonmarcus > > >Re: standards of care >Sat, 23 Apr 2005 17:09:06 -0500 > >The reason for not defining a standard of care is that any and all >practitioners could be sued and also prevents the introduction of new >ideas. > > >>>>>>>I have no idea what you guys are talking about. You cannot be sued >for not following standard of care unless there is damages. You cannot >really be sued unless the patient can show damage period. You can loose >your license depending on state rules. I CA, until this year, MDs could >have lost their lic for doing unapproved medicine. As of this year however >the board cannot go after an MD unless there is a patient complaint and >damages. In some other states, the STATE has to prove that the traditional, >ie standard of care, would have been safer and effective, which is very >difficult to do. These days treatment standards of care have more to do >with insurance than anything else. > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 26, 2005 Report Share Posted April 26, 2005 publishing a report card for each MD, DO, DC. >>>>What are they looking at. This sounds scary to me Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 26, 2005 Report Share Posted April 26, 2005 They are looking to see if you followed the standards of care for your patients and they rate accordingly. This law does not include the L Ac as we are not considered a legit medical provider by the state. For once, it is nice not to be mainstream. This is fascist medicine at its best. Many practitioners and medical grads are predicted to be leaving the state as a result of this legislation. Mike W. Bowser, L Ac > " " <alonmarcus > > >Re: standards of care >Tue, 26 Apr 2005 02:25:44 -0500 > >publishing a >report card for each MD, DO, DC. > >>>>What are they looking at. This sounds scary to me > > > Quote Link to comment Share on other sites More sharing options...
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