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The Physician has but a single task: to cure; and, if s/he
succeeds, it matters not a whit by what means s/he has
succeeded.
Hippocrates (400 BC)
Contradictions
do not exist. Whenever you think you are facing a contradiction, check
your
premises. You will find that
one of them is wrong.
Ayn
Rand
Abbreviations
used in this paper:
FSMB – The Federation of State Medical Boards
of the United States, Inc.
CAM – Complementary and Alternative Medicine
OPMC – The Office of Professional Medical Conduct
Introduction
– Is the US Healthcare System Good for Us?
Most people will agree that the US healthcare system is
struggling and suffering from a severe ailment, but there is
widespread disagreement about possible treatments and solutions.
In this paper, I am going to tell you about the only
remedy that could possibly heal the healthcare system and
reverse its terminally ill condition. This remedy is unlike the popular, pulp fictions circulating
in the media, a remedy which you may have not encountered until
now. But before we
can provide that remedy, we must properly diagnose the patient
and become very clear as to what causes its illness.
The so-called “Healthcare Crisis in America” has been in
vogue for decades. It usually refers to the fact that tens of
millions of Americans are uninsured, underinsured or
uninsurable, as if throwing more money at healthcare to make
everyone insured will somehow make the problems go away. The US
already spends far more money per capita and as a percentage of
the US GNP than any country in the world.
Various other problems – the lack of Medicare prescription
drug benefits, malpractice insurance, and deaths from medical
errors – are identified by consumer organizations, political
parties and the media, and they all
are based on a common premise – that the US healthcare
system is good for us. Therefore, if it is good for us, anything
which deprives us of our access to the “good” healthcare, is
thought to be the problem.
Fortunately,
this blatantly false premise has been questioned. The Journal of the
American Medical Association, arguably the most authoritative medical
journal in the world, has reported that the US healthcare system
itself is the third leading cause of death [behind cardiovascular
disease (#1) and cancer (#2)], killing over 200,000 Americans per year
as a conservative estimate, mostly due to the effects of prescribed
drugs!
When doctors went on strike recently in Israel, mortality
statistics apparently declined!
There appears to be a contradiction here.
Is healthcare good for us or not?
Is the healthcare system in a crisis because so many believe
they are facing a deadly dilemma by not having access to modern
healthcare, or is it in crisis because those who avail themselves of
modern healthcare could find themselves in an equally deadly dilemma?
One might reflect on Ayn Rand’s admonition above that: “Contradictions
do not exist. Whenever you think you are facing a contradiction, check
your premises. You will find that one of them is wrong.”
Schieber
G, Poullier J, Greenwald L (Summer, 1992)
U.S. Health Expenditure Performance: An International
Comparison and Data Update. Health
Care Financing
Review;13(4) 1-88.
The June 10, 2000 issue of the British Medical journal reports on an
interesting statistic that has occurred in Israel. It seems that
three months ago physicians in public hospitals implemented a
program of sanctions in response to a labor dispute over a contract
proposal by the government. The article stated that the Israel
Medical Association began an action in March to protest against the
treasurys proposed imposition of a new four year wage contract for
doctors. Since then, the medical doctors have cancelled hundreds of
thousands of visits to outpatient clinics and have postponed tens of
thousands of elective operations. To find out whether the
industrial action was affecting deaths in the country, the Jerusalem
Post interviewed non-profit making Jewish burial societies, which
perform funerals for the vast majority of Israelis. Hananya
Shahor, the veteran director of Jerusalems Kehilat Yerushalayim
burial society said, "The number of funerals we have performed has fallen
drastically." Meir Adler, manager of the Shamgar
Funeral Parlour, which buries most other residents of Jerusalem,
declared with much more certainty: "There
definitely is a connection between the doctors sanctions and fewer
deaths. We saw the same thing in 1983 when the Israel Medical
Association applied sanctions for four and a half months."
Apparently millions of Americans have already checked out
their premises regarding healthcare and have decided that at
least some aspects of modern healthcare are dangerous, perhaps
reasoning that anything capable of killing at least two million
Americans per decade should be avoided.
They are a rapidly expanding group of Americans who are putting their
faith and their dollars into CAM
(Complementary and Alternative Medicine):
“Estimated expenditures for alternative medicine
professional services increased 45.2% between 1990 and 1997 and
were conservatively estimated at $21.2 billion in 1997, with at
least $12.2 billion paid out-of-pocket. This exceeds the 1997
out-of-pocket expenditures for all US hospitalizations. Total
1997 out-of-pocket expenditures relating to alternative
therapies were conservatively estimated at $27.0 billion, which
is comparable with the projected 1997 out-of-pocket expenditures
for all US physician services.”
Note that these are out-of-pocket expenditures.
Although amounting to tens of billions of dollars, nevertheless
these fall far short of the expenditures of Medicare (277
billion),
Medicaid and private insurance companies, which are derived from
compulsory taxes or employment benefits and which generally
cover very few CAM services.
Why are Americans forced to pay for healthcare that is
potentially dangerous and which does not cover the generally
non-invasive, increasingly popular and far safer CAM services?
In order to answer this question and those posed above and
potentially solve these apparent contradictions, we must check
out another basic premise that rarely gets asked.
Are the command and control structures and organizations
within the US healthcare system, especially those charged with
the responsibility to protect consumers of healthcare, actually
concerned that the system they have designed and maintain is
itself the third leading cause of death?
Is anyone missing sleep over the fact that at least two
million Americans are killed every decade?
Or do these command and control structures and
organizations within the US healthcare system have some other
motivation that compels them to obstruct genuine progress and
innovative solutions to the so-called healthcare crisis in
America?
Eisenberg DM, Davis RB, Ettner SL, Appel S, Wilkey S, Van Rompay M,
Kessler RC (2000) Trends in alternative medicine use in the United
States, 1990-1997: results of a follow-up national survey. JAMA.
1998 Nov 11;280(18):1569-75.
Medicare’s yearly
expenditures alone are estimated to be approximately 277 billion
dollars. See Testimony
provided by Douglas Holtz-Eakin, Director, regarding Medicare's
Long-Term Financial Condition given before the Joint Economic
Committee of the Congress of the United States, April 10,
2003
Who Determines the Policies that Govern the Professional Conduct
of Healthcare Professionals?
In Jacobson v. Massachusetts
and Dent v. West Virginia
the United States Supreme Court has held that the police power
of the states allows them to regulate the practice of medicine
in order to protect the health, safety, and welfare of its
citizens. The
means by which state medical boards are supposed to protect
consumers of health care is through proper licensing and
regulation of physicians and, in some jurisdictions, other
health care professionals.
The fundamental premise of these regulations is that:
“the practice of medicine is not an inherent right of an
individual, but a privilege granted by the people of a state
acting through their elected representatives. To protect the
public from the unprofessional, improper and incompetent
practice of medicine, it is necessary for the state to provide
laws and regulations that outline the practice of medicine and
the responsibility of the medical board to regulate that
practice. This guidance is outlined in a state statute, usually
called a medical practice act.”
Federation of State Medical Boards of the United States Inc., P.O.
Box 619850, Dallas, TX 75261-9850
phone (817) 868-4000; fax (817) 868-4098
also
see http://www.fsmb.org
On this website, click on the 10th item down on
the left entitled “State Medical Board Info.”
Either in the narrative that appears or at the top of that
page, click on the link entitled “What Is a State Medical
Board.”
Federation of State Medical Boards of the United States Inc., op.cit.
The Report
on Questionable and Deceptive Health Care Practices
further states that:
“Additionally, for the purposes of this report, the terms
“alternative medicine/therapy” and/or “complementary
medicine”
(footnote mine) have not been utilized by the committee due to a
lack of consensus among both practitioners and the public as to
their meaning. The committee has chosen to use the term "questionable
health care practices" to include those treatments,
procedures and/or promotions, conventional or unconventional,
which may be unsafe and thereby considered a risk to the
public's health, safety and welfare and/or which may be
worthless and thereby likely to deceive or defraud the public.”
Besides the terms “unsafe,” “questionable,”
“worthless” and “deceptive” used repetitively by the
FSMB’s special committee on health care fraud in this report,
a denigrating litany of other adjectives are provided to clarify
their position about Complementary and Alternative Medicine
(CAM) and their bias against CAM physicians.
The FSMB’s special committee on health care fraud in
this report suggests that CAM is supposedly posing “a risk to
public health, safety and welfare,” that CAM is
“unproven,” “unprofessional,” “improper,”
“unlawful,” “fraudulent” and “felonious,” and that
CAM physicians are “incompetent,” “unprofessional,”
“fraudulent” and are not practicing “responsible
medicine.”
The FSMB’s special committee on health care fraud lists
several objectives of the report including:
-
To
develop recommendations to assist state medical boards in
identifying, evaluating, investigating and prosecuting cases
involving questionable (CAM)
health care practices.
-
To
develop strategies to monitor legislative initiatives supporting
increased access to unconventional and unproven treatments and
assist state medical boards in responding to such initiatives in
the interest of public health, safety and welfare.
Frightening tactics suggestive of McCarthyism
pervade the FSMB’s recommendations:
“State medical boards should carefully evaluate all avenues
of potential prosecution and coordinate such with appropriate
federal, state and local agencies.
-
Federal
Trade Commission (deceptive/fraudulent health care
promotions/claims);
-
State
Attorney General (consumer complaints/protection and
deceptive/fraudulent health care promotions/claims);
-
State
Insurance Board/Commission (billing practices);
-
Health
Care Financing Administration (Medicare claims);
-
U.S.
Postal Service (mail fraud);
-
U.S.
Customs Service (import of unapproved/illicit drugs/devices);
-
Food
and Drug Administration (unapproved drugs/devices); and
-
District
Attorney (unlicensed practice of medicine and related criminal
offenses).”
Thus the FSMB is the lynchpin
responsible for the prosecution of CAM physicians and as will be
discussed below, by virtue its supervision of its member state
board’s use of police powers, the FSMB’s exercise of its
virtually unlimited power to control the US healthcare system
through its providers is the primary obstacle to genuine
progress and innovative solutions to the so-called healthcare
crisis in America.
The Chilling Effect of CAM
Physician Prosecution
versus
the Explosive Growth and
Popularity of CAM
The prosecution of CAM physicians by state medical boards
strongly discourages conventional doctors from expanding their
scope of practice to include innovative CAM methodologies, thus
generating a chilling effect in the medical community that
spreads far beyond those CAM physicians who are singled out.
“These practices and court decisions have indeed had a
chilling effect on physicians who might consider integrating
innovative medical care into their practices.
Physicians who currently use any innovative medical care
in their practices have been particularly vulnerable to charges
of professional misconduct. Physicians who have been investigated and charged with
misconduct by the OPMC have faced financial
devastation, loss of reputation, and the eventual revocation of
their medical licenses. Tens
of thousands of patients (in New York State alone)
have simultaneously lost their choice of medical treatment and
physician. In
addition, because of the limited availability of physicians who
practice innovative medicine and the chilling
effect of the risks associated with the practice of
nonconventional medicine by others who may consider it, these
patients will be severely limited in their future choice of
medical treatment.”
Despite the FSMB’s and their member state medical boards’
efforts to curtail consumer access to CAM by prosecuting CAM
physicians, surveys
now suggest that more Americans consult CAM practitioners than
conventional medicine trained physicians.
The Report
on Questionable and Deceptive Health Care Practices
states that:
“The need for such a committee (special committee on health
care fraud) arose
from the proliferation of unconventional and unproven medical
practices and promotions in the United States, some of which
may be questionable and thereby pose a risk to public health,
safety and welfare. Recent national and state legislative
initiatives prompted further concern because they could result
in restricting state medical boards' ability to provide
appropriate regulation of such practices.”
As noted above, the special committee on health care fraud
suggests that CAM is unproven, unprofessional, improper,
unlawful, fraudulent, felonious, unsafe, questionable, worthless
and deceptive. Therefore, one can only conclude that from the
committee’s perspective, as well as from the FSMB’s and its
member state boards’ perspective, the popularity of CAM could
not possibly be due to any intrinsic value of such
“worthless” CAM practices. We can only surmise that the
special committee on health care fraud, the FSMB and its member
state boards operate from a fundamental and false premise that
the surge in CAM’s popularity is due to “promotions”
perpetrated by “fraudulent” CAM providers that have mislead
the public. This operating false premise provides the rationale
for the zealous prosecutions of CAM physicians. In other words,
CAM physicians are dangerous to the public and therefore they
must be prosecuted in order to protect the public.
Eisenberg et. Al, op.
cit. pp. 1569-75.
“In order to offer reasonable protection to the public,
state medical boards must be able to identify physicians who
engage in questionable (CAM)
health care practices which may endanger the public, either
directly or indirectly. Direct harm may result in adverse
patient outcomes and indirect harm may result in delay of
appropriate diagnoses and/or treatments.”
Most importantly, note the FSMB’s premise that CAM’s harm
is also based on distracting consumers from “appropriate
diagnoses and/or treatments” provided by supposedly “safer
“conventional medicine care. And again, suggestive of
McCarthyism, the special committee on health care fraud
instructs the member state medical boards about surveillance of
CAM physicians.
-
“Encourage consumer/patient reporting by increasing
awareness among the public through distribution of educational
materials and utilizing media sources.
-
Encourage and expand reporting from licensees and other
health care professionals by increasing awareness of reporting
requirements through newsletters, announcements, alerts,
advisory opinions and collaboration with state and local medical
professional organizations and societies.
-
Expand liaison efforts with regulatory agencies (federal,
state and local), including the Federal Trade Commission, other
state licensing authorities, state attorneys general, district
attorneys and public health departments.
-
Improve reporting from third party payers and peer review
organizations (PROs).
-
Periodically monitor health care promotional materials,
including random review of newspapers, periodicals and other
advertising mediums.
Thus an airtight surveillance system is constructed to spread
the chilling effect far and wide in the medical community.
Prosecution of CAM physicians sends a clear message to
conventional medicine physicians that they had better not expand
their scope of practice to include CAM interventions. Advertisements, periodicals, health care promotional
materials and newspapers are monitored to detect CAM activity.
Insurance companies are encouraged to report any suspicious CAM
activities, so they are certainly not going to cover CAM
services for fear of being singled out for prosecution as well.
Other governmental agencies including the attorney
generals office and the FTC are put on notice to report CAM
behaviors. Citizens
groups and professional organizations are instructed to all be
vigilant for any supposedly unproven, unprofessional, improper,
unlawful, fraudulent, felonious, questionable, worthless,
unsafe, questionable and deceptive CAM care and do their civic
duty by reporting it to the state medical board.
Essentially CAM physicians secretly blacklisted as potential
criminal and subversive elements in society and a secret shadow
bureaucracy skulks in the shadows keeping secret dossiers on
mostly unsuspecting, innovative physicians who are willing to
utilize safer, less invasive, natural and often more efficacious
and cost effective CAM care.
Perhaps one premise that needs to be checked out when
contradictions seem to exist in healthcare, is that this could
not happen in America.
The Dangers of Conventional Medicine and the Popularity of CAM
The FSMB’s special committee on health care fraud’s
suggestion that CAM could be unsafe, implies conversely that
“appropriate,”
conventional medical care must be safe.
How valid is this assumption?
As discussed in the introduction above, an article
published in the Journal of the American Medical Association
addresses the question about the safety of the US healthcare
system and compares the US mortality and morbidity statistics to
more than a dozen leading western nations. Considering the
suppression of innovation and health freedoms discussed above,
it should come as no surprise that the US is found to rank in
next to last place. But more importantly, this article
identifies the United States healthcare system itself to be
the third leading cause of death (behind cardiovascular
disease and cancer), killing as a conservative estimate over
200,000 Americans per year, mostly due to drug reactions.
Various terms used in
place of “appropriate”
medical care are in vogue, such as “usual and customary care,”
“medically necessary care” and treatment which follows the
“accepted standards of care.” These terms are often used to deny insurance coverage for CAM
interventions and even some conventional medical treatments.
Thus the explosive interest in CAM might not be due to
mislead consumers. Instead,
perhaps consumers are acting on their best instincts and/or in
their own self interest, realizing that much of conventional
medicine, especially drug treatments, either pose an
unacceptable risk of harm or are potentially ineffective for
many kinds of medical problems.
The FSMB’s premise, that consumers are mislead and
uninformed and in need of protection from CAM physicians,
borders on delusional and paranoid ideation.
The obvious evidence points to an opposite conclusion,
that consumers are indeed mislead, but not by CAM providers.
They are mislead by the FSMB and its member state boards
of medicine who have a chokehold on American healthcare policy
and capriciously use the police powers of the state to maintain
it. The
prosecutions of CAM physicians and the consequent chilling
effects on conventional medicine physicians, the very
professionals who would reform US healthcare and have been
trying for decades to solve problems, such as the JAMA mortality
statistics cited above, has brought innovation and reform to a
dead halt. The FSMB
and their member state medical boards have not only created a
condition whereby “patients will be severely limited in their
future choice of medical treatment.”
The FSMB and their member state medical boards are bringing
unfathomable harm and suffering to the American public.
It should be noted that those western nations that ranked at
the top of the list in their morbidity and mortality statistics
in the JAMA reference cited above, such as France (#1), are
nations where physicians openly promote and practice CAM (e.g.,
colonic therapy, homeopathy) without fear of prosecution by
regulators.
Barrette, op. cit. p. 121
Negligence, Incompetence and Fraud
When a physician expands their scope of practice beyond the
conventional practices of drug treatments, radiation or surgery,
to include certain non-pharmacological and non-surgical CAM
interventions such as homeopathy, nutritional medicine or
craniosacral therapy, they risk being charged with “violating
the accepted standards of care.”
In other words, the three main kinds of alternative
medical practices, structural (e.g., massage therapy), energetic
(e.g., homeopathy) and biomolecular (e.g., nutritional
interventions) are considered by the FSMB’s special committee
on health care fraud to be based on “unacceptable standards of
care.” After the initial secretive investigations and
interrogations of a physician, who is suspected of devoting a
significant portion of their practice to CAM, is concluded, and
they are deemed to have crossed some ill-defined threshold which
qualifies them to be sufficiently in violation of the equally
ill-defined “accepted standards of care,” charges of
negligence, incompetence and fraud are sure to follow.
Let’s examine the basic dictionary definitions of the terms
negligence, incompetence and fraud to get to the heart of this issue.
neg·li·gent
adj.
1. habitually failing
to do the required thing; neglectful
2.
careless,
inattentive, etc. – neg’li·gence
n.
in·com·pe·tent
adj. without
adequate ability, knowledge, fitness, etc.
–n.
an incompetent person – in·com’pe·tence
n.
fraud
n. 1. deceit;
trickery 2.
Law intentional deception
3. a trick
4. an imposter.
The critical phrase here is “the required thing”
contained in the definition of the term negligent above.
“The required thing” that a CAM physician must do, is
entirely different from “the required thing” that a
physician’s medical school training required them to do.
A CAM physician is “required” to cure or heal their
patients or provide a means by which their patients can engage
in a curative or healing process.
Stated another way, the primary objective of a CAM
physician is to reverse diseases and disorders by recruiting
dormant internal processes within their patients or by doing so
prevent illnesses from happening at all.
The “required thing” learned in conventional medical
school training, is generally to manage the symptoms of disease,
usually with drugs, but to not necessarily reverse disease by
addressing the underlying bionutritional or energy imbalances
that actually cause disease.
A conventional medicine doctor, although compassionately
every bit as interested in healing and helping patients, is
“required” to conform to the “accepted standards of
care,” which essentially boils down to managing the symptoms
of disease and disorders with drugs, surgery or radiation.
“The required thing” that consumers increasingly want of
their physicians is to prevent, cure and heal diseases and
disorders, and only manage them with drugs, surgery and
radiation as a last resort.
The quote from Hippocrates at the beginning of this
article, that “The
Physician has but a single task: to cure; and, if s/he succeeds,
it matters not a whit by what means s/he has succeeded,”
suggests that a much older, traditional version of the
“accepted standards of care” is in greater compliance with
the objectives of CAM physicians and many consumers.
From the perspective of a CAM physician, the conventional
physician is potentially negligent because by not emphasizing
the prevention, cure and healing of disease and disorders in the
care of their patients. They are in violation of CAM’s
accepted standards of care.
From the perspective of a conventional physician, the CAM
physician is potentially negligent because they have violated
their version of the accepted standards of care, by not
emphasizing the management of the symptoms of diseases and
disorders with drugs and surgery in the care of their patients.
Each group is not doing the “required thing” that the
other group does. Each
group is violating the “accepted standards of care” of the
other. Each group
appears negligent to the other.
The FSMB and their member state medical boards fail to
validate CAM’s accepted standards of care and consequently
proceed to enforce conventional medicine’s standards of care
at the expense of CAM’s standards of care. CAM physicians are
often prosecuted to “protect the public,” but those
prosecutions are based solely on an interpretation of an
accepted standard of care that CAM physicians would consider to
be incomplete, mostly obsolete and dangerous. CAM physicians are
now well-equipped to level a substantive countercharge, that if
single entity or group deserves prosecution for violating
medically sound standards of care, it should be the FSMB, their
member state medical boards and conventional medicine
physicians.
After decades of CAM practice, admittedly many CAM physicians
fail to keep abreast of the latest drug treatments and surgical
procedures. Why should they? As
CAM physicians devote an increasing portion of their time and
resources to CAM and thereby improve their healing skills, many
symptom management strategies using drugs and surgery become
increasingly obsolete and they fall out of vogue in a CAM
practice. Thus CAM
physicians increasingly appear to be incompetent to conventional
physicians. Likewise,
most conventional physicians were never trained in CAM and as a
CAM physician becomes more skilled and knowledgeable,
conventional physicians appear to be increasingly incompetent.
As with the issue of negligence, each appears incompetent
to the other.
Likewise each appears fraudulent to the other.
Conventional physicians believe that prevention, cure and
healing is impossible for most of their patients with chronic
degenerative disorders, a valid position indeed if treatments
are only limited to drug, surgical and radiation therapies. When
CAM physicians witness apparent cures in patients with
“irreversible and incurable” problems, naturally they often
have difficulty containing their exuberance and can
inadvertently make claims that are unjustified. Conventional
physicians dismiss CAM physician’s claims of efficacy as
fraudulent because their CAM interventions, often involving a
dozen or more different interventions simultaneously are not
“proven” by controlled studies.
In fact they cannot be “proven” because each array of
non-drug, non-surgical treatments is tailored to the exact needs
of the patient. CAM
physicians counter that conventional physicians are fraudulent,
because they claim that disease management with drugs and
surgery is prevention, cure and healing, which is absurd. Except
under limited circumstances such as antibiotic treatments for
infectious diseases, treatments using drugs, surgery and
radiation by their very nature cannot prevent, heal or cure
disease or disorders. Optimizing
biochemical functioning and energy flows in the body cannot be
achieved by cutting (surgery), burning (radiation) or poisoning
(drugs) the body.
Conventional medicine physicians often believe that
alternative medicine physicians are guilty of negligence,
incompetence and fraud. CAM
physicians often believe that conventional medicine physicians
are guilty of negligence, incompetence and fraud.
Both are right in their assessment of the others, because
both practice from a different standard of care.
Often there is no compromise between these two camps
because each side’s position is well staked out and
impregnable.
However, CAM physicians do have formal training in
conventional medicine and certainly find value in some
applications of drug therapies and surgery.
The first word abbreviated in the acronym CAM,
complementary, connotes an attempt to arbitrate a truce and
complement the conventional with the non-conventional.
From the CAM perspective, that may be a wise option as
their potential adversary has all “the guns” and obviously
relishes the opportunity to use them.
Both standards of care can and eventually will coexist
peacefully but the decisions as to when to apply one or the
other, or mix them together, add tremendous complexity to
clinical decision making. However,
as long as most conventional medicine physicians, the FSMB and
its member state medical boards remain ignorant of CAM, they can
be expected to continue blindly on, holding to their false
premise that they are protecting the public by preventing
innovation and prosecuting physicians who could usher in a new
age of medicine – an age where authentic healing and curing
becomes the treatment of first resort and the equally important
palliative symptom treatments with drugs, surgery and radiation
will be relegated to treatments of last resort.
Economic Considerations
The ethical foundation in the practice of medicine has been
and will always be at odds with economic factors governing a
successful medical practice.
When patients become well, they no longer return for
regular office visits and they no longer purchase drugs or
medical services. Therefore if a physician holds to the CAM
version of accepted standards of care, that the “required
thing” is the prevention, healing and curing of disease, they
will inherently find themselves in a financial conflict of
interest. One
cannot build an economically successful practice on well
patients only. CAM
physicians who follow CAM accepted standards of care and also
contractually agree to maximize earnings as part of certain
corporate responsibilities, must find creative ways of
continuously generating new business in order to meet their
financial obligations, because their CAM treated patients
frequently and rapidly become well and once well, will no longer
depend on their healthcare provider for their products and
services. CAM
patients are frequently “lost to wellness.”
Conventional
medicine physicians are also potentially in a conflict of interest but
for opposite reasons. By
adhering to the accepted standards of care of conventional medicine,
which is the management of disease symptoms primarily with drugs,
since patients don’t generally get well, they must regularly return
for office visits and prescriptions. There is no economic conflict of interest here as such
a practice maximizes the patient’s dependency on the providers
products and services, thus the conventional medicine physician is
meeting their fiduciary obligations.
However, if such a physician comes to understand CAM and its
very different accepted standards of care, they could be an ethical
conflict of interest. Remembering
the quote from Hippocrates at the beginning of this paper,
“The Physician has but a single task: to cure; and, if s/he
succeeds, it matters not a whit by what means s/he has succeeded. Allowing
patients to stay fundamentally ill and dependent on ongoing products
and services, in order to keep them as a customer, is a gross ethical
violation however well their symptoms are managed with drugs.
In order for any corporation to be economically successful,
its products and services must be marketed in a manner designed
to maximize consumer dependency or a belief of dependency in
the mind of the consumer.
For instance, the marketing objective of those annoying
ads for promising drugs or for the local HMO (health maintenance
organization) that now flood the media, is to plant a need, a
perceived dependency, for that product or service.
Alternative medicine’s products and services undermine
corporate healthcare’s economic objectives because in various
ways, consumers come to a realization that healing is a natural
inward process which is fundamentally independent of
corporate medicine’s products and services. What if large numbers of consumers discovered that the
technology of life within them possesses virtually infinite
complexity and healing capacity? What would happen if consumers
were to find out that the best of modern medical technology is
comparatively crude and barbaric in comparison to only one of
the hundred trillion or so cells in one’s body? Their belief
in a dependency on conventional medicine’s drugs, surgery and
radiation could be shaken. Therefore, “the required thing”
of the corporate, conventional healthcare system is economic
success, and charges of corporate negligence could be leveled at
CAM physicians who might assist consumers to come to the
realization that they are capable of healing themselves.
Information in any economic system flows between the buyers
and the sellers.
In the conventional “healthcare” system, actually
more properly designated as the disease management system,
the buyers of healthcare are the government (Medicare and
Medicaid) and the insurance companies. The sellers are the
doctors, hospitals and clinics.
The consumer is not in the information loop and is only
provided enough information, often misinformation and
disinformation as is necessary, to keep them dependent (or
believe they are dependent) on the disease care system.
Market forces that would govern the rest of the US
economy, where the consumer out of their own self-interest shops
around for the best service at the best value, play a minor role
in the US disease management system.
As discussed above, consumers are increasingly interested
in becoming well, staying well and becoming independent of
drugs, surgery and radiation as much as possible. But consumers are forced, especially by the chilling effects
of prosecution of CAM physicians, to accept the services
assigned to them by insurance companies and the government, a
system that economically thrives on disease management and
discourages wellness and consumer independence.
Physicians who cooperate with the objectives of a disease
management system receive handsome economic compensation and
benefit from a relatively high social status.
CAM physicians must be somewhat willing to risk their
economic success and professional prestige in order to support
their patient’s objectives of wellness and independence.
Because CAM physicians threaten the monolithic disease
management sy |