For chiropractors, one of the most important characteristics of
chiropractic is that it is drug-free. This has become increasingly
important to patients as well, particularly with the ongoing revelations
about the staggering death toll due to drug reactions and errors.
According to an Institute of Medicine report in Jan. 2000, hospitalized
patients suffer about 2,216,000 serious ADRs (adverse drug reactions),
causing more than 106,000 deaths annually, making it the fourth leading
cause of death -- ahead of pulmonary disease, diabetes, AIDS, pneumonia,
accidents, and automobile deaths.
Another report (Am J Med, 2000;109(2):87B94) said that these
statistics did not include the number of ADRs that occur in ambulatory
settings, or the estimated 350,000 ADRs that occur in U.S. nursing homes
each year.
Obviously, drugs can be deadly. It's also clear from other reports as
well as clinical experience, that many people take far too many drugs,
including drugs that don't do them any good.
It's tempting, therefore, to try to help patients by giving them advice
about decreasing or eliminating the medications they are taking. Yet,
doctors of chiropractic must always remember that such advice -- even
though seemingly benign -- is not within the scope of practice of
chiropractic and can lead to serious repercussions.
Since the CBS Reports focus on malpractice prevention, this
isn't the place to explore the issue of patient welfare at this time.
However, looking only at the situation from a risk management point of
view, giving any advice about medication can leave you vulnerable
to lawsuits and board complaints.
A recent case in Pennsylvania points out the serious consequences of
such actions.
In Sept. 2002, a Pennsylvania D.C. was indicted by a federal grand jury
on charges that she defrauded Medicaid while treating a patient.
The health care fraud charges stemmed from the doctor billing Medicaid
for manipulation when, in fact, she claimed to be "treating" the
woman's epilepsy.
According to court records, the doctor recommended that the patient
discontinue medication for her epileptic seizure disorder. The patient
subsequently died.
The maximum penalty for health care fraud involving the death of a
patient is life imprisonment and a $250,000 fine, according to federal
officials.
The doctor allegedly told the patient that her seizures would stop
within three days after discontinuing the anti-convulsive medication that
had been prescribed by her medical physician.
According to the indictment, the patient did as the D.C. recommended,
and discontinued the medication. She later suffered violent seizures, and
died of dehydration, inhalation of her own vomit and pneumonia.
This, of course, is an extreme case that was compounded by the doctor
billing Medicaid for about 40 sessions, and falsely describing her
treatment as "spinal manipulations" without referring to her
diagnosis or treatment of the epilepsy which would have, in itself, been
against the law. (Like most state scope laws, the Pennsylvania
Chiropractic Practice Act bars a chiropractor from treating or dispensing
advice for a disease or illness and from dispensing, prescribing or
regulating medications.)
But the same premise exists when you give a patient any advice about
prescription or over-the-counter drugs.
While you should inform patients that correcting vertebral subluxations
can help the body attain a more healthy state and may make drugs
unnecessary, you should never give specific advice or recommendations
concerning discontinuing or decreasing the use of any medication being
taken by a patient.
(Timothy J. Feuling is president of Chiropractic Benefit Services (CBS)
and vice president of the World Chiropractic Alliance. He assists doctors
in maximizing their practices through the proper choice of insurance and
related services. Doctors may contact him with questions, comments, and
requests for insurance quotes at 2950 N. Dobson Rd. Ste. 1, Chandler, AZ
85224, by phone at 800-883-0412 or by e-mail: feuling@cbsmalpractice.com).