Guest guest Posted May 31, 2005 Report Share Posted May 31, 2005 Hi all, Some kind soul has uploaded a very important and interesting article on the standard of care in acupuncture practice. Now like it or not, this applies to anyone practicing or thinking of practicing acupuncture. So please take some time to read it. The paper discusses the important issues surrounding standards of care in acupuncture practice. This of course, applies to internal medicine (herbs) as well. What is illustrated is the lack of a standard of care set out in acupuncture practice for practitioners to meet. There is in effect, no benchmark by which all practitioners abide by.This has already been set in allopathic medicine. As there is no standard of care, then a practitioner is unable to defend themselves in a court of law. Also, there is no recourse for a patient to make a complaint against a practitioner if they feel they treatment was not up to standard. It swings both ways. Another interesting point raised is the fact that insurance companies and MD can be taken to court for not referring patients that may benefit from acupuncture. However, the point is raised again that MDs and insurance companies would only referral to qualified practitioners and that's open to variables because of no standard acupuncture care. To have a standard of care in acupuncture practice, you have to have standards set in education and then in grass roots such as terminology. What isn't mentioned and what I find interesting is that there are a number of schools of thought, different styles, cultural variations in acupuncture practice. How would or could you be judged by your peers with these variables in place? Short cut to the folder is http://health.Chinese MedicineArti cles/Theory/ Warm regards, Attilio D'Alberto Doctor of (Beijing, China) BSc (Hons) TCM MATCM 07786198900 attiliodalberto <http://www.attiliodalberto.com/> www.attiliodalberto.com " A human being is part of the whole, called by us the Universe, a part limited in time and space. He experiences himself, his thoughts and feelings, as something separated from the rest - - a kind of optical illusion in his consciousness. " (Albert Einstein) Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 31, 2005 Report Share Posted May 31, 2005 Attilio, There are no standards of care listed in statute form because care changes over time. By the time, it is written and agreed upon it would be outdated. Additionally, a standard, which focused on treatment modality would surely run into issues over care. For example, a neurologist, orthopod and a endocrinologist might all have ideas on patient care but who takes precedence and is right? Havind no standard except what is prevalent in the profession is not a bad thing as there would be so many more frivilous lawsuits over standards of care simply for this issue alone. For anyone interested, the state of MN has passed legislation called " Best Practices Act " that will not only decide what is appropriate but also tie this to insurance compensation and a public report card. No more patient choice, the state decides what you get, period. This will be disasterous and has many groups up in arms. What are these Republican thinking as there is no good in auditing patient records w/o consent (yes, w/o consent) and determining treatment of care. Some things have a reason and are good even if we do not fully understand them. It is estimated that many practitioners will leave the state after graduation due to this law. Good topic. Mike W. Bowser, L Ac > " Attilio D'Alberto " <attiliodalberto >Chinese Medicine ><Chinese Medicine > > Standard of Care in Acupuncture Practice >Tue, 31 May 2005 18:12:40 +0100 > >Hi all, > >Some kind soul has uploaded a very important and interesting article on the >standard of care in acupuncture practice. Now like it or not, this applies >to anyone practicing or thinking of practicing acupuncture. So please take >some time to read it. > >The paper discusses the important issues surrounding standards of care in >acupuncture practice. This of course, applies to internal medicine (herbs) >as well. What is illustrated is the lack of a standard of care set out in >acupuncture practice for practitioners to meet. There is in effect, no >benchmark by which all practitioners abide by.This has already been set in >allopathic medicine. As there is no standard of care, then a practitioner >is >unable to defend themselves in a court of law. Also, there is no recourse >for a patient to make a complaint against a practitioner if they feel they >treatment was not up to standard. It swings both ways. > >Another interesting point raised is the fact that insurance companies and >MD >can be taken to court for not referring patients that may benefit from >acupuncture. However, the point is raised again that MDs and insurance >companies would only referral to qualified practitioners and that's open to >variables because of no standard acupuncture care. To have a standard of >care in acupuncture practice, you have to have standards set in education >and then in grass roots such as terminology. > >What isn't mentioned and what I find interesting is that there are a number >of schools of thought, different styles, cultural variations in acupuncture >practice. How would or could you be judged by your peers with these >variables in place? > >Short cut to the folder is >http://health.Chinese MedicineArti >cles/Theory/ > >Warm regards, > >Attilio D'Alberto >Doctor of (Beijing, China) >BSc (Hons) TCM MATCM >07786198900 >attiliodalberto > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > " A human being is part of the whole, called by us the Universe, a part >limited in time and space. He experiences himself, his thoughts and >feelings, as something separated from the rest - - a kind of optical >illusion in his consciousness. " (Albert Einstein) > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 31, 2005 Report Share Posted May 31, 2005 Yes, of course care changes in time. But this can still be included in a standard practice of care. The article does address this issue. Warm regards, Attilio D'Alberto Doctor of (Beijing, China) BSc (Hons) TCM MATCM 07786198900 attiliodalberto <http://www.attiliodalberto.com/> www.attiliodalberto.com " A human being is part of the whole, called by us the Universe, a part limited in time and space. He experiences himself, his thoughts and feelings, as something separated from the rest - - a kind of optical illusion in his consciousness. " (Albert Einstein) Chinese Medicine Chinese Medicine On Behalf Of mike Bowser 31 May 2005 19:04 Chinese Medicine RE: Standard of Care in Acupuncture Practice Attilio, There are no standards of care listed in statute form because care changes over time. By the time, it is written and agreed upon it would be outdated. Additionally, a standard, which focused on treatment modality would surely run into issues over care. For example, a neurologist, orthopod and a endocrinologist might all have ideas on patient care but who takes precedence and is right? Havind no standard except what is prevalent in the profession is not a bad thing as there would be so many more frivilous lawsuits over standards of care simply for this issue alone. For anyone interested, the state of MN has passed legislation called " Best Practices Act " that will not only decide what is appropriate but also tie this to insurance compensation and a public report card. No more patient choice, the state decides what you get, period. This will be disasterous and has many groups up in arms. What are these Republican thinking as there is no good in auditing patient records w/o consent (yes, w/o consent) and determining treatment of care. Some things have a reason and are good even if we do not fully understand them. It is estimated that many practitioners will leave the state after graduation due to this law. Good topic. Mike W. Bowser, L Ac > " Attilio D'Alberto " <attiliodalberto >Chinese Medicine ><Chinese Medicine > > Standard of Care in Acupuncture Practice >Tue, 31 May 2005 18:12:40 +0100 > >Hi all, > >Some kind soul has uploaded a very important and interesting article on the >standard of care in acupuncture practice. Now like it or not, this applies >to anyone practicing or thinking of practicing acupuncture. So please take >some time to read it. > >The paper discusses the important issues surrounding standards of care in >acupuncture practice. This of course, applies to internal medicine (herbs) >as well. What is illustrated is the lack of a standard of care set out in >acupuncture practice for practitioners to meet. There is in effect, no >benchmark by which all practitioners abide by.This has already been set in >allopathic medicine. As there is no standard of care, then a practitioner >is >unable to defend themselves in a court of law. Also, there is no recourse >for a patient to make a complaint against a practitioner if they feel they >treatment was not up to standard. It swings both ways. > >Another interesting point raised is the fact that insurance companies and >MD >can be taken to court for not referring patients that may benefit from >acupuncture. However, the point is raised again that MDs and insurance >companies would only referral to qualified practitioners and that's open to >variables because of no standard acupuncture care. To have a standard of >care in acupuncture practice, you have to have standards set in education >and then in grass roots such as terminology. > >What isn't mentioned and what I find interesting is that there are a number >of schools of thought, different styles, cultural variations in acupuncture >practice. How would or could you be judged by your peers with these >variables in place? > >Short cut to the folder is >http://health.Chinese MedicineArt i >cles/Theory/ > >Warm regards, > >Attilio D'Alberto >Doctor of (Beijing, China) >BSc (Hons) TCM MATCM >07786198900 >attiliodalberto > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > " A human being is part of the whole, called by us the Universe, a part >limited in time and space. He experiences himself, his thoughts and >feelings, as something separated from the rest - - a kind of optical >illusion in his consciousness. " (Albert Einstein) > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 1, 2005 Report Share Posted June 1, 2005 Attilio, I do not believe that we want to go down this road. By the way, the article was written by an attorney who seemed to believe that more malpractice lawsuits would be filed against us as we grow. Between the lines is seems that lawyers could better win these cases if there was a concrete standard of care in writing. Our acu association in MN had an attorney go over issues like this in our statutes and explained why you do not want to do this. The best way to lower litigation is to inform your patients at every step of care and ask them for permission. Good topic though. Mike W. Bowser, L Ac > " Attilio D'Alberto " <attiliodalberto >Chinese Medicine ><Chinese Medicine > >RE: Standard of Care in Acupuncture Practice >Tue, 31 May 2005 19:38:16 +0100 > >Yes, of course care changes in time. But this can still be included in a >standard practice of care. The article does address this issue. > >Warm regards, > >Attilio D'Alberto >Doctor of (Beijing, China) >BSc (Hons) TCM MATCM >07786198900 >attiliodalberto > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > " A human being is part of the whole, called by us the Universe, a part >limited in time and space. He experiences himself, his thoughts and >feelings, as something separated from the rest - - a kind of optical >illusion in his consciousness. " (Albert Einstein) > > > >Chinese Medicine >Chinese Medicine On Behalf Of mike >Bowser >31 May 2005 19:04 >Chinese Medicine >RE: Standard of Care in Acupuncture Practice > > >Attilio, >There are no standards of care listed in statute form because care changes >over time. By the time, it is written and agreed upon it would be >outdated. > > Additionally, a standard, which focused on treatment modality would >surely > >run into issues over care. > >For example, a neurologist, orthopod and a endocrinologist might all have >ideas on patient care but who takes precedence and is right? Havind no >standard except what is prevalent in the profession is not a bad thing as >there would be so many more frivilous lawsuits over standards of care >simply > >for this issue alone. > >For anyone interested, the state of MN has passed legislation called " Best >Practices Act " that will not only decide what is appropriate but also tie >this to insurance compensation and a public report card. No more patient >choice, the state decides what you get, period. > >This will be disasterous and has many groups up in arms. What are these >Republican thinking as there is no good in auditing patient records w/o >consent (yes, w/o consent) and determining treatment of care. > >Some things have a reason and are good even if we do not fully understand >them. It is estimated that many practitioners will leave the state after >graduation due to this law. > >Good topic. > > >Mike W. Bowser, L Ac > > > > > " Attilio D'Alberto " <attiliodalberto > >Chinese Medicine > ><Chinese Medicine > > > Standard of Care in Acupuncture Practice > >Tue, 31 May 2005 18:12:40 +0100 > > > >Hi all, > > > >Some kind soul has uploaded a very important and interesting article on >the > >standard of care in acupuncture practice. Now like it or not, this >applies > >to anyone practicing or thinking of practicing acupuncture. So please >take > >some time to read it. > > > >The paper discusses the important issues surrounding standards of care in > >acupuncture practice. This of course, applies to internal medicine >(herbs) > >as well. What is illustrated is the lack of a standard of care set out in > >acupuncture practice for practitioners to meet. There is in effect, no > >benchmark by which all practitioners abide by.This has already been set >in > >allopathic medicine. As there is no standard of care, then a practitioner > >is > >unable to defend themselves in a court of law. Also, there is no >recourse > >for a patient to make a complaint against a practitioner if they feel >they > >treatment was not up to standard. It swings both ways. > > > >Another interesting point raised is the fact that insurance companies and > >MD > >can be taken to court for not referring patients that may benefit from > >acupuncture. However, the point is raised again that MDs and insurance > >companies would only referral to qualified practitioners and that's open >to > >variables because of no standard acupuncture care. To have a standard of > >care in acupuncture practice, you have to have standards set in education > >and then in grass roots such as terminology. > > > >What isn't mentioned and what I find interesting is that there are a >number > >of schools of thought, different styles, cultural variations in >acupuncture > >practice. How would or could you be judged by your peers with these > >variables in place? > > > >Short cut to the folder is > >http://health.Chinese MedicineArt >i > >cles/Theory/ > > > >Warm regards, > > > >Attilio D'Alberto > >Doctor of (Beijing, China) > >BSc (Hons) TCM MATCM > >07786198900 > >attiliodalberto > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > " A human being is part of the whole, called by us the Universe, a part > >limited in time and space. He experiences himself, his thoughts and > >feelings, as something separated from the rest - - a kind of optical > >illusion in his consciousness. " (Albert Einstein) > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 1, 2005 Report Share Posted June 1, 2005 In a perfect world, that's great, but in reality it doesn't always work. I feel the author is right in some respects. As our industry grows, it will be open to more litigation cases. Also, as our field is medicine, we will end up having a standard of care anyway. So practitioners should be aware of this and we should discuss it openly rather than just dismissing it out of hand, saying it doesn't apply to us, as it sure as well does. Warm regards, Attilio D'Alberto Doctor of (Beijing, China) BSc (Hons) TCM MATCM 07786198900 attiliodalberto <http://www.attiliodalberto.com/> www.attiliodalberto.com " A human being is part of the whole, called by us the Universe, a part limited in time and space. He experiences himself, his thoughts and feelings, as something separated from the rest - - a kind of optical illusion in his consciousness. " (Albert Einstein) Chinese Medicine Chinese Medicine On Behalf Of mike Bowser 01 June 2005 02:56 Chinese Medicine RE: Standard of Care in Acupuncture Practice Attilio, I do not believe that we want to go down this road. By the way, the article was written by an attorney who seemed to believe that more malpractice lawsuits would be filed against us as we grow. Between the lines is seems that lawyers could better win these cases if there was a concrete standard of care in writing. Our acu association in MN had an attorney go over issues like this in our statutes and explained why you do not want to do this. The best way to lower litigation is to inform your patients at every step of care and ask them for permission. Good topic though. Mike W. Bowser, L Ac > " Attilio D'Alberto " <attiliodalberto >Chinese Medicine ><Chinese Medicine > >RE: Standard of Care in Acupuncture Practice >Tue, 31 May 2005 19:38:16 +0100 > >Yes, of course care changes in time. But this can still be included in a >standard practice of care. The article does address this issue. > >Warm regards, > >Attilio D'Alberto >Doctor of (Beijing, China) >BSc (Hons) TCM MATCM >07786198900 >attiliodalberto > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > " A human being is part of the whole, called by us the Universe, a part >limited in time and space. He experiences himself, his thoughts and >feelings, as something separated from the rest - - a kind of optical >illusion in his consciousness. " (Albert Einstein) > > > >Chinese Medicine >Chinese Medicine On Behalf Of mike >Bowser >31 May 2005 19:04 >Chinese Medicine >RE: Standard of Care in Acupuncture Practice > > >Attilio, >There are no standards of care listed in statute form because care changes >over time. By the time, it is written and agreed upon it would be >outdated. > > Additionally, a standard, which focused on treatment modality would >surely > >run into issues over care. > >For example, a neurologist, orthopod and a endocrinologist might all have >ideas on patient care but who takes precedence and is right? Havind no >standard except what is prevalent in the profession is not a bad thing as >there would be so many more frivilous lawsuits over standards of care >simply > >for this issue alone. > >For anyone interested, the state of MN has passed legislation called " Best >Practices Act " that will not only decide what is appropriate but also tie >this to insurance compensation and a public report card. No more patient >choice, the state decides what you get, period. > >This will be disasterous and has many groups up in arms. What are these >Republican thinking as there is no good in auditing patient records w/o >consent (yes, w/o consent) and determining treatment of care. > >Some things have a reason and are good even if we do not fully understand >them. It is estimated that many practitioners will leave the state after >graduation due to this law. > >Good topic. > > >Mike W. Bowser, L Ac > > > > > " Attilio D'Alberto " <attiliodalberto > >Chinese Medicine > ><Chinese Medicine > > > Standard of Care in Acupuncture Practice > >Tue, 31 May 2005 18:12:40 +0100 > > > >Hi all, > > > >Some kind soul has uploaded a very important and interesting article on >the > >standard of care in acupuncture practice. Now like it or not, this >applies > >to anyone practicing or thinking of practicing acupuncture. So please >take > >some time to read it. > > > >The paper discusses the important issues surrounding standards of care in > >acupuncture practice. This of course, applies to internal medicine >(herbs) > >as well. What is illustrated is the lack of a standard of care set out in > >acupuncture practice for practitioners to meet. There is in effect, no > >benchmark by which all practitioners abide by.This has already been set >in > >allopathic medicine. As there is no standard of care, then a practitioner > >is > >unable to defend themselves in a court of law. Also, there is no >recourse > >for a patient to make a complaint against a practitioner if they feel >they > >treatment was not up to standard. It swings both ways. > > > >Another interesting point raised is the fact that insurance companies and > >MD > >can be taken to court for not referring patients that may benefit from > >acupuncture. However, the point is raised again that MDs and insurance > >companies would only referral to qualified practitioners and that's open >to > >variables because of no standard acupuncture care. To have a standard of > >care in acupuncture practice, you have to have standards set in education > >and then in grass roots such as terminology. > > > >What isn't mentioned and what I find interesting is that there are a >number > >of schools of thought, different styles, cultural variations in >acupuncture > >practice. How would or could you be judged by your peers with these > >variables in place? > > > >Short cut to the folder is > >http://health.Chinese MedicineArt >i > >cles/Theory/ > > > >Warm regards, > > > >Attilio D'Alberto > >Doctor of (Beijing, China) > >BSc (Hons) TCM MATCM > >07786198900 > >attiliodalberto > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > " A human being is part of the whole, called by us the Universe, a part > >limited in time and space. He experiences himself, his thoughts and > >feelings, as something separated from the rest - - a kind of optical > >illusion in his consciousness. " (Albert Einstein) > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 1, 2005 Report Share Posted June 1, 2005 Attilio, We have a standard of care, only it is not written. It continues to evolve as our profession changes and takes into account state laws as well. This is the same for western medicine. That is reality. The author is an attorney and seems to want to bring more litigation toward us. Mike W. Bowser, L Ac > " Attilio D'Alberto " <attiliodalberto >Chinese Medicine ><Chinese Medicine > >RE: Standard of Care in Acupuncture Practice >Wed, 1 Jun 2005 08:16:03 +0100 > >In a perfect world, that's great, but in reality it doesn't always work. > >I feel the author is right in some respects. As our industry grows, it will >be open to more litigation cases. Also, as our field is medicine, we will >end up having a standard of care anyway. So practitioners should be aware >of >this and we should discuss it openly rather than just dismissing it out of >hand, saying it doesn't apply to us, as it sure as well does. > >Warm regards, > >Attilio D'Alberto >Doctor of (Beijing, China) >BSc (Hons) TCM MATCM >07786198900 >attiliodalberto > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > " A human being is part of the whole, called by us the Universe, a part >limited in time and space. He experiences himself, his thoughts and >feelings, as something separated from the rest - - a kind of optical >illusion in his consciousness. " (Albert Einstein) > > > >Chinese Medicine >Chinese Medicine On Behalf Of mike >Bowser >01 June 2005 02:56 >Chinese Medicine >RE: Standard of Care in Acupuncture Practice > > >Attilio, >I do not believe that we want to go down this road. By the way, the >article > >was written by an attorney who seemed to believe that more malpractice >lawsuits would be filed against us as we grow. > >Between the lines is seems that lawyers could better win these cases if >there was a concrete standard of care in writing. Our acu association in >MN had an attorney go over issues like this in our statutes and explained >why you do not want to do this. The best way to lower litigation is to >inform your patients at every step of care and ask them for permission. > >Good topic though. > >Mike W. Bowser, L Ac > > > > > " Attilio D'Alberto " <attiliodalberto > >Chinese Medicine > ><Chinese Medicine > > >RE: Standard of Care in Acupuncture Practice > >Tue, 31 May 2005 19:38:16 +0100 > > > >Yes, of course care changes in time. But this can still be included in a > >standard practice of care. The article does address this issue. > > > >Warm regards, > > > >Attilio D'Alberto > >Doctor of (Beijing, China) > >BSc (Hons) TCM MATCM > >07786198900 > >attiliodalberto > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > " A human being is part of the whole, called by us the Universe, a part > >limited in time and space. He experiences himself, his thoughts and > >feelings, as something separated from the rest - - a kind of optical > >illusion in his consciousness. " (Albert Einstein) > > > > > > > >Chinese Medicine > >Chinese Medicine On Behalf Of mike > >Bowser > >31 May 2005 19:04 > >Chinese Medicine > >RE: Standard of Care in Acupuncture Practice > > > > > >Attilio, > >There are no standards of care listed in statute form because care >changes > >over time. By the time, it is written and agreed upon it would be > >outdated. > > > > Additionally, a standard, which focused on treatment modality would > >surely > > > >run into issues over care. > > > >For example, a neurologist, orthopod and a endocrinologist might all have > >ideas on patient care but who takes precedence and is right? Havind no > >standard except what is prevalent in the profession is not a bad thing as > >there would be so many more frivilous lawsuits over standards of care > >simply > > > >for this issue alone. > > > >For anyone interested, the state of MN has passed legislation called > " Best > >Practices Act " that will not only decide what is appropriate but also tie > >this to insurance compensation and a public report card. No more patient > >choice, the state decides what you get, period. > > > >This will be disasterous and has many groups up in arms. What are these > >Republican thinking as there is no good in auditing patient records w/o > >consent (yes, w/o consent) and determining treatment of care. > > > >Some things have a reason and are good even if we do not fully understand > >them. It is estimated that many practitioners will leave the state after > >graduation due to this law. > > > >Good topic. > > > > > >Mike W. Bowser, L Ac > > > > > > > > > " Attilio D'Alberto " <attiliodalberto > > >Chinese Medicine > > ><Chinese Medicine > > > > Standard of Care in Acupuncture Practice > > >Tue, 31 May 2005 18:12:40 +0100 > > > > > >Hi all, > > > > > >Some kind soul has uploaded a very important and interesting article on > >the > > >standard of care in acupuncture practice. Now like it or not, this > >applies > > >to anyone practicing or thinking of practicing acupuncture. So please > >take > > >some time to read it. > > > > > >The paper discusses the important issues surrounding standards of care >in > > >acupuncture practice. This of course, applies to internal medicine > >(herbs) > > >as well. What is illustrated is the lack of a standard of care set out >in > > >acupuncture practice for practitioners to meet. There is in effect, no > > >benchmark by which all practitioners abide by.This has already been set > >in > > >allopathic medicine. As there is no standard of care, then a >practitioner > > >is > > >unable to defend themselves in a court of law. Also, there is no > >recourse > > >for a patient to make a complaint against a practitioner if they feel > >they > > >treatment was not up to standard. It swings both ways. > > > > > >Another interesting point raised is the fact that insurance companies >and > > >MD > > >can be taken to court for not referring patients that may benefit from > > >acupuncture. However, the point is raised again that MDs and insurance > > >companies would only referral to qualified practitioners and that's >open > >to > > >variables because of no standard acupuncture care. To have a standard >of > > >care in acupuncture practice, you have to have standards set in >education > > >and then in grass roots such as terminology. > > > > > >What isn't mentioned and what I find interesting is that there are a > >number > > >of schools of thought, different styles, cultural variations in > >acupuncture > > >practice. How would or could you be judged by your peers with these > > >variables in place? > > > > > >Short cut to the folder is > > > >http://health.Chinese MedicineArt > >i > > >cles/Theory/ > > > > > >Warm regards, > > > > > >Attilio D'Alberto > > >Doctor of (Beijing, China) > > >BSc (Hons) TCM MATCM > > >07786198900 > > >attiliodalberto > > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > > > " A human being is part of the whole, called by us the Universe, a part > > >limited in time and space. He experiences himself, his thoughts and > > >feelings, as something separated from the rest - - a kind of optical > > >illusion in his consciousness. " (Albert Einstein) > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 1, 2005 Report Share Posted June 1, 2005 Hi Mike, See below: Mike: We have a standard of care, only it is not written. Attilio: Not written, so where is it then? Can it be used to defend a patient, upload practitioner treatment qualities, defend a particular school of theory? Mike: It continues to evolve as our profession changes and takes into account state laws as well. Attilio: I'm talking about other countries other than the US, but you can talk about the US if you wish. Mike: This is the same for western medicine. Attilio: Yes i know. This is the point i stated to you before. And because WM has it, we will have to have it as well. Mike: The author is an attorney and seems to want to bring more litigation toward us. Attilio: In a way yes, but also culturally brings it about. As litigation is more wide spread in the US, your in more need of a standard of care that's well documented and able to protect patients and practitioners. > > Mike W. Bowser, L Ac > > > > > " Attilio D'Alberto " <attiliodalberto> > >Chinese Medicine > ><Chinese Medicine > > >RE: Standard of Care in Acupuncture Practice > >Wed, 1 Jun 2005 08:16:03 +0100 > > > >In a perfect world, that's great, but in reality it doesn't always work. > > > >I feel the author is right in some respects. As our industry grows, it will > >be open to more litigation cases. Also, as our field is medicine, we will > >end up having a standard of care anyway. So practitioners should be aware > >of > >this and we should discuss it openly rather than just dismissing it out of > >hand, saying it doesn't apply to us, as it sure as well does. > > > >Warm regards, > > > >Attilio D'Alberto > >Doctor of (Beijing, China) > >BSc (Hons) TCM MATCM > >07786198900 > >attiliodalberto > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > " A human being is part of the whole, called by us the Universe, a part > >limited in time and space. He experiences himself, his thoughts and > >feelings, as something separated from the rest - - a kind of optical > >illusion in his consciousness. " (Albert Einstein) > > > > > > > >Chinese Medicine > >Chinese Medicine On Behalf Of mike > >Bowser > >01 June 2005 02:56 > >Chinese Medicine > >RE: Standard of Care in Acupuncture Practice > > > > > >Attilio, > >I do not believe that we want to go down this road. By the way, the > >article > > > >was written by an attorney who seemed to believe that more malpractice > >lawsuits would be filed against us as we grow. > > > >Between the lines is seems that lawyers could better win these cases if > >there was a concrete standard of care in writing. Our acu association in > >MN had an attorney go over issues like this in our statutes and explained > >why you do not want to do this. The best way to lower litigation is to > >inform your patients at every step of care and ask them for permission. > > > >Good topic though. > > > >Mike W. Bowser, L Ac > > > > > > > > > " Attilio D'Alberto " <attiliodalberto> > > >Chinese Medicine > > ><Chinese Medicine > > > >RE: Standard of Care in Acupuncture Practice > > >Tue, 31 May 2005 19:38:16 +0100 > > > > > >Yes, of course care changes in time. But this can still be included in a > > >standard practice of care. The article does address this issue. > > > > > >Warm regards, > > > > > >Attilio D'Alberto > > >Doctor of (Beijing, China) > > >BSc (Hons) TCM MATCM > > >07786198900 > > >attiliodalberto > > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > > > " A human being is part of the whole, called by us the Universe, a part > > >limited in time and space. He experiences himself, his thoughts and > > >feelings, as something separated from the rest - - a kind of optical > > >illusion in his consciousness. " (Albert Einstein) > > > > > > > > > > > >Chinese Medicine > > >Chinese Medicine On Behalf Of mike > > >Bowser > > >31 May 2005 19:04 > > >Chinese Medicine > > >RE: Standard of Care in Acupuncture Practice > > > > > > > > >Attilio, > > >There are no standards of care listed in statute form because care > >changes > > >over time. By the time, it is written and agreed upon it would be > > >outdated. > > > > > > Additionally, a standard, which focused on treatment modality would > > >surely > > > > > >run into issues over care. > > > > > >For example, a neurologist, orthopod and a endocrinologist might all have > > >ideas on patient care but who takes precedence and is right? Havind no > > >standard except what is prevalent in the profession is not a bad thing as > > >there would be so many more frivilous lawsuits over standards of care > > >simply > > > > > >for this issue alone. > > > > > >For anyone interested, the state of MN has passed legislation called > > " Best > > >Practices Act " that will not only decide what is appropriate but also tie > > >this to insurance compensation and a public report card. No more patient > > >choice, the state decides what you get, period. > > > > > >This will be disasterous and has many groups up in arms. What are these > > >Republican thinking as there is no good in auditing patient records w/o > > >consent (yes, w/o consent) and determining treatment of care. > > > > > >Some things have a reason and are good even if we do not fully understand > > >them. It is estimated that many practitioners will leave the state after > > >graduation due to this law. > > > > > >Good topic. > > > > > > > > >Mike W. Bowser, L Ac > > > > > > > > > > > > > " Attilio D'Alberto " <attiliodalberto> > > > >Chinese Medicine > > > ><Chinese Medicine > > > > > Standard of Care in Acupuncture Practice > > > >Tue, 31 May 2005 18:12:40 +0100 > > > > > > > >Hi all, > > > > > > > >Some kind soul has uploaded a very important and interesting article on > > >the > > > >standard of care in acupuncture practice. Now like it or not, this > > >applies > > > >to anyone practicing or thinking of practicing acupuncture. So please > > >take > > > >some time to read it. > > > > > > > >The paper discusses the important issues surrounding standards of care > >in > > > >acupuncture practice. This of course, applies to internal medicine > > >(herbs) > > > >as well. What is illustrated is the lack of a standard of care set out > >in > > > >acupuncture practice for practitioners to meet. There is in effect, no > > > >benchmark by which all practitioners abide by.This has already been set > > >in > > > >allopathic medicine. As there is no standard of care, then a > >practitioner > > > >is > > > >unable to defend themselves in a court of law. Also, there is no > > >recourse > > > >for a patient to make a complaint against a practitioner if they feel > > >they > > > >treatment was not up to standard. It swings both ways. > > > > > > > >Another interesting point raised is the fact that insurance companies > >and > > > >MD > > > >can be taken to court for not referring patients that may benefit from > > > >acupuncture. However, the point is raised again that MDs and insurance > > > >companies would only referral to qualified practitioners and that's > >open > > >to > > > >variables because of no standard acupuncture care. To have a standard > >of > > > >care in acupuncture practice, you have to have standards set in > >education > > > >and then in grass roots such as terminology. > > > > > > > >What isn't mentioned and what I find interesting is that there are a > > >number > > > >of schools of thought, different styles, cultural variations in > > >acupuncture > > > >practice. How would or could you be judged by your peers with these > > > >variables in place? > > > > > > > >Short cut to the folder is > > > > > >http://health.Chinese Medicine/fi les/Art > > >i > > > >cles/Theory/ > > > > > > > >Warm regards, > > > > > > > >Attilio D'Alberto > > > >Doctor of (Beijing, China) > > > >BSc (Hons) TCM MATCM > > > >07786198900 > > > >attiliodalberto > > > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > > > > > " A human being is part of the whole, called by us the Universe, a part > > > >limited in time and space. He experiences himself, his thoughts and > > > >feelings, as something separated from the rest - - a kind of optical > > > >illusion in his consciousness. " (Albert Einstein) > > > > > > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 1, 2005 Report Share Posted June 1, 2005 Actually Attilio, Here in the states, WM does not have a written standard of care and because of this may have lasted this long in court. Anything that becomes written down in statute then can be used to attack and try to defend oneself. US practitioners would most likely frown on the idea of opening up to more lawsuits. This is one time that I would agree that we leave lying tigers where they may be. Additionally concerning, is the growing lack of access to our courts and the misapplication of law in America. Not a pretty scene. Mike W. Bowser, L Ac > " " <attiliodalberto >Chinese Medicine >Chinese Medicine >Re: Standard of Care in Acupuncture Practice >Wed, 01 Jun 2005 12:58:36 -0000 > >Hi Mike, > >See below: > >Mike: We have a standard of care, only it is not written. > >Attilio: Not written, so where is it then? Can it be used to defend >a patient, upload practitioner treatment qualities, defend a >particular school of theory? > >Mike: It continues to evolve as our profession changes and takes >into account state laws as well. > >Attilio: I'm talking about other countries other than the US, but >you can talk about the US if you wish. > >Mike: This is the same for western medicine. > >Attilio: Yes i know. This is the point i stated to you before. And >because WM has it, we will have to have it as well. > >Mike: The author is an attorney and seems to want to bring more >litigation toward us. > >Attilio: In a way yes, but also culturally brings it about. As >litigation is more wide spread in the US, your in more need of a >standard of care that's well documented and able to protect patients >and practitioners. > > > > > Mike W. Bowser, L Ac > > > > > > > > > " Attilio D'Alberto " <attiliodalberto> > > >Chinese Medicine > > ><Chinese Medicine > > > >RE: Standard of Care in Acupuncture Practice > > >Wed, 1 Jun 2005 08:16:03 +0100 > > > > > >In a perfect world, that's great, but in reality it doesn't >always work. > > > > > >I feel the author is right in some respects. As our industry >grows, it will > > >be open to more litigation cases. Also, as our field is medicine, >we will > > >end up having a standard of care anyway. So practitioners should >be aware > > >of > > >this and we should discuss it openly rather than just dismissing >it out of > > >hand, saying it doesn't apply to us, as it sure as well does. > > > > > >Warm regards, > > > > > >Attilio D'Alberto > > >Doctor of (Beijing, China) > > >BSc (Hons) TCM MATCM > > >07786198900 > > >attiliodalberto > > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > > > " A human being is part of the whole, called by us the Universe, a >part > > >limited in time and space. He experiences himself, his thoughts >and > > >feelings, as something separated from the rest - - a kind of >optical > > >illusion in his consciousness. " (Albert Einstein) > > > > > > > > > > > >Chinese Medicine > > >Chinese Medicine On Behalf >Of mike > > >Bowser > > >01 June 2005 02:56 > > >Chinese Medicine > > >RE: Standard of Care in Acupuncture Practice > > > > > > > > >Attilio, > > >I do not believe that we want to go down this road. By the way, >the > > >article > > > > > >was written by an attorney who seemed to believe that more >malpractice > > >lawsuits would be filed against us as we grow. > > > > > >Between the lines is seems that lawyers could better win these >cases if > > >there was a concrete standard of care in writing. Our acu >association in > > >MN had an attorney go over issues like this in our statutes and >explained > > >why you do not want to do this. The best way to lower >litigation is to > > >inform your patients at every step of care and ask them for >permission. > > > > > >Good topic though. > > > > > >Mike W. Bowser, L Ac > > > > > > > > > > > > > " Attilio D'Alberto " <attiliodalberto> > > > >Chinese Medicine > > > ><Chinese Medicine > > > > >RE: Standard of Care in Acupuncture Practice > > > >Tue, 31 May 2005 19:38:16 +0100 > > > > > > > >Yes, of course care changes in time. But this can still be >included in a > > > >standard practice of care. The article does address this issue. > > > > > > > >Warm regards, > > > > > > > >Attilio D'Alberto > > > >Doctor of (Beijing, China) > > > >BSc (Hons) TCM MATCM > > > >07786198900 > > > >attiliodalberto > > > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > > > > > " A human being is part of the whole, called by us the Universe, >a part > > > >limited in time and space. He experiences himself, his thoughts >and > > > >feelings, as something separated from the rest - - a kind of >optical > > > >illusion in his consciousness. " (Albert Einstein) > > > > > > > > > > > > > > > >Chinese Medicine > > > >Chinese Medicine On Behalf >Of mike > > > >Bowser > > > >31 May 2005 19:04 > > > >Chinese Medicine > > > >RE: Standard of Care in Acupuncture Practice > > > > > > > > > > > >Attilio, > > > >There are no standards of care listed in statute form because >care > > >changes > > > >over time. By the time, it is written and agreed upon it would >be > > > >outdated. > > > > > > > > Additionally, a standard, which focused on treatment >modality would > > > >surely > > > > > > > >run into issues over care. > > > > > > > >For example, a neurologist, orthopod and a endocrinologist >might all have > > > >ideas on patient care but who takes precedence and is right? >Havind no > > > >standard except what is prevalent in the profession is not a >bad thing as > > > >there would be so many more frivilous lawsuits over standards >of care > > > >simply > > > > > > > >for this issue alone. > > > > > > > >For anyone interested, the state of MN has passed legislation >called > > > " Best > > > >Practices Act " that will not only decide what is appropriate >but also tie > > > >this to insurance compensation and a public report card. No >more patient > > > >choice, the state decides what you get, period. > > > > > > > >This will be disasterous and has many groups up in arms. What >are these > > > >Republican thinking as there is no good in auditing patient >records w/o > > > >consent (yes, w/o consent) and determining treatment of care. > > > > > > > >Some things have a reason and are good even if we do not fully >understand > > > >them. It is estimated that many practitioners will leave the >state after > > > >graduation due to this law. > > > > > > > >Good topic. > > > > > > > > > > > >Mike W. Bowser, L Ac > > > > > > > > > > > > > > > > > " Attilio D'Alberto " <attiliodalberto> > > > > >Chinese Medicine > > > > ><Chinese Medicine > > > > > > Standard of Care in Acupuncture Practice > > > > >Tue, 31 May 2005 18:12:40 +0100 > > > > > > > > > >Hi all, > > > > > > > > > >Some kind soul has uploaded a very important and interesting >article on > > > >the > > > > >standard of care in acupuncture practice. Now like it or not, >this > > > >applies > > > > >to anyone practicing or thinking of practicing acupuncture. >So please > > > >take > > > > >some time to read it. > > > > > > > > > >The paper discusses the important issues surrounding >standards of care > > >in > > > > >acupuncture practice. This of course, applies to internal >medicine > > > >(herbs) > > > > >as well. What is illustrated is the lack of a standard of >care set out > > >in > > > > >acupuncture practice for practitioners to meet. There is in >effect, no > > > > >benchmark by which all practitioners abide by.This has >already been set > > > >in > > > > >allopathic medicine. As there is no standard of care, then a > > >practitioner > > > > >is > > > > >unable to defend themselves in a court of law. Also, there >is no > > > >recourse > > > > >for a patient to make a complaint against a practitioner if >they feel > > > >they > > > > >treatment was not up to standard. It swings both ways. > > > > > > > > > >Another interesting point raised is the fact that insurance >companies > > >and > > > > >MD > > > > >can be taken to court for not referring patients that may >benefit from > > > > >acupuncture. However, the point is raised again that MDs and >insurance > > > > >companies would only referral to qualified practitioners and >that's > > >open > > > >to > > > > >variables because of no standard acupuncture care. To have a >standard > > >of > > > > >care in acupuncture practice, you have to have standards set >in > > >education > > > > >and then in grass roots such as terminology. > > > > > > > > > >What isn't mentioned and what I find interesting is that >there are a > > > >number > > > > >of schools of thought, different styles, cultural variations >in > > > >acupuncture > > > > >practice. How would or could you be judged by your peers with >these > > > > >variables in place? > > > > > > > > > >Short cut to the folder is > > > > > > > > >http://health.Chinese Medicine/fi >les/Art > > > >i > > > > >cles/Theory/ > > > > > > > > > >Warm regards, > > > > > > > > > >Attilio D'Alberto > > > > >Doctor of (Beijing, China) > > > > >BSc (Hons) TCM MATCM > > > > >07786198900 > > > > >attiliodalberto > > > > > <http://www.attiliodalberto.com/> www.attiliodalberto.com > > > > > > > > > > " A human being is part of the whole, called by us the >Universe, a part > > > > >limited in time and space. He experiences himself, his >thoughts and > > > > >feelings, as something separated from the rest - - a kind of >optical > > > > >illusion in his consciousness. " (Albert Einstein) > > > > > > > > > > > > > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
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