Medical Negligence Incompetence and Fraud

by Gant on April 22, 2016

“Accepted Standards of Care”

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)

The Federation of State Medical Boards (www.FSMB.org), in the first few paragraphs of one of their position papers entitled Report of the Special Committee on Questionable and Deceptive Health Care Practices, uses some interesting, descriptive terminology to describe CAM (Complementary and Alternative Medicine), Integrative, Precision, Functional, Naturopathic or Holistic Medicine. Supposedly, any medical practice which does not involve surgery, radiotherapy or pharmacology is considered to be “questionable,” and as “unproven, unsafe, worthless, incompetent, unprofessional, improper, unlawful, fraudulent and felonious.”  Of course, the fact that the number three cause of death in the US – prescription drugs – is perfectly fine, never gets mentioned. The FSMB is suggesting that any authentic healing practice from acupuncture to functional medicine, is considered by the organization which sets policy for all the state medical boards, to be “worthless” etc.  Is it any wonder that the United States ranks last in quality of healthcare in industrialized nations in spite of spending more per capita than any industrialized nation on healthcare?

The American Medical Association defines seven “Principles of Medical Ethics(1),” one of which states that “A physician shall deal honestly with patients and colleagues, and strive to expose those physicians deficient in character or competence, or who engage in fraud or deception.”  When physicians are suspected or reported to be using “questionable” CAM (Complementary/Alternative Medicine) practices they are often investigated(2), and their colleagues are advised by the FSMB to join the “witch hunt.” After a period of investigation by their State Medical Board, physicians who provide CAM care are then often charged with negligence, incompetence and fraud for having violated certain ill-defined “accepted standards of care.”

Many physicians who provide CAM (3) care (the general term to be used in this paper) are innovators and “out of the box” thinkers who have developed alternatives to invasive surgical, pharmaceutical and radiological procedures (“cut, poison and burn” respectively). They find themselves to be in the same predicament as free thinkers of ages past who faced charges of blasphemy during the Inquisition or more recently, those who faced charges of being a Communist during the McCarthy Era. As in these examples, a CAM physician cannot defend themselves against a charge that is indefinable, because the State-appointed team of investigators, expert witnesses and jury consists mostly or exclusively of conventional medicine physicians or physician extenders, who judge the CAM physician based on their personal definition of what constitutes “accepted standards of care,” which boils down to be defined as anything they want it to be.

Perhaps a consideration of the fundamental and basic definitions of the terms negligence, incompetence and fraud may offer some insight into this complex problem.

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.

Negligence is the core term and the critical phrase in its definition is “the required thing”. The required thing that a CAM physician does is entirely different from “the required thing” that all conventional physicians were trained to do. The required thing of a CAM physician is primarily to cure their patients. CAM physicians attempt to diagnose and treat the root immunological, metabolic, nutritional, allergic, infectious, toxicology and genetic causes within their patients, or by altering such processes in the asymptomatic patient to prevent disease from happening at all.

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Molecular Health and Healing

by on January 13, 2016

I specialize in molecular health and healing, especially as it supports psychospiritual growth and mental health recovery from problems such as AD/HD, autism, mood problems, addictions, food and carbohydrate compulsions and nicotine dependence.

I routinely order functional medicine testing to diagnose precisely what is deficient in each and every patient, and then replenish those missing, essential items.

See my article on: First Priority in Providing Health Care

Various postings on this web site and within the membership area will provide in-depth knowledge for optimal health. I encourage you to join me in the journey of “discovery” that can make a difference in your life.

Action Items:

1- Sign up for my newsletter (upper right column) and I will give you access to some webinars and also send you a free research report and occasional important news.

2- Publications and recorded webinars are available here: cegant.com/products

3- Join the Membership area to receive in depth information on various health conditions, including ADHD, drug and alcohol addiction, nicotine addiction, depression and various other health conditions. Includes special private seminars.

Yours to good health,

Charles Gant, MD, PhD



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Drug Addiction Solutions

by on January 8, 2015

Drug addiction is, by far, the number one cause of death and disability, with tobacco use alone responsible for more than 400,000 deaths per year in the U.S. and over 5 million worldwide? If we ignore addictions (which some would call “denial”), then it would appear that cardiovascular disease, cancer, suicide and cirrhosis lead the mortality statistics, but addiction looms behind many of those statistics as the root cause.

Over the years, various approaches to solving addictions have been tried with marginal success. Historically, addiction was first thought to be a moral problem to be addressed by law enforcement. In the early 20th century, a psychological/psychoanalytic model was adopted, based on the poorly substantiated belief that addicts and alcoholics were simply medicating their emotional wounds.

Alcoholics Anonymous then emerged and achieved a modicum of success by promoting the 12-step philosophy, which bypasses immorality or psychological rationales as the cause, focusing instead on spirituality.

The psychopharmacological approach came next. It was based on the assumption that addiction is caused by a Valium or Prozac deficiency in the brain. Substantial education and prevention efforts have also been made for decades. For the most part, addictions are currently handled by some combination of these models, but with marginal success.

How can we do better?

The Brain/Body Connection

All of these approaches have made contributions, but none of them fully addresses the critical brain/body connection, so let’s explore the little known scientific facts about addiction.

Psychotropic chemicals encompass a broad range of substances, including some that are medically prescribed. Whether the individual knows it or not, use of psychotropic chemicals has a simple intent behind it. It is an attempt to replace the brain’s normal “feel-good” chemical messengers called neurotransmitters, in order to achieve their desired effects.

Here’s how they work.

*Most antidepressants artificially boost serotonin (the brain’s “natural Prozac”)

*Ritalin and Adderall work on dopamine (the brain’s “natural cocaine”)

*Ativan and Xanax and other benzodiazepines fit into GABA receptors (the brain’s “natural Valium”)

*Nicotine wiggles into acetylcholine receptors

*Oxycontin and other opioids replace endorphins and enkephalins (the brain’s “natural morphine”)
and

*Annabinoids tweak anadamide and other endocannabinoid receptors (the brain’s “natural marijuana”).

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Learning About Mindfulness

by on December 8, 2014

On-line research for “mindfulness education in schools” gets about 34,000 hits. Believe it or not, enormous resources and research are being devoted to educating children about mindfulness and the development of their relatively dormant, frontal structures. Congressman Tim Ryan, author of A Mindful Nation, has promoted mindfulness practice in Congress and has supported the delivery of mindfulness education to at-need populations, including veterans with Post-Traumatic Stress Disorder (PTSD) and children in inner city public schools.

As more and more people practice various forms of meditation (contemplation and self-reflection), there seems to be an increasing appreciation that mindfulness is a completely separate faculty of consciousness, independent of the other four faculties: cognition (thought and visualizations), emotion and intuition, behavior and kinesthetic-related activity and sensation (the five senses).

Mindfulness-based psychotherapies are becoming popular and are being combined with many kinds of earlier approaches such as cognitive therapy—now being relabeled as mindfulness-based cognitive therapy (MBCT). Formal, peer-reviewed, psychological testing instruments can measure improvements in the psychological and behavioral function of patients who have engaged in mindfulness-based therapies, and are even being standardized to measure the facets of mindfulness itself.

More recently, mindfulness is being appreciated as not only a faculty of consciousness—an experience—but also as a faculty which is conferred by certain brain regions. Neuroimagery studies have demonstrated dramatic changes in brain function of mindfulness practitioners, especially in the prefrontal cortex and associated structures.

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Chronic Emotional and Physical Pain

by on November 10, 2014

In looking at the physical body, most patients who suffer from chronic pain actually suffer from a more generalized condition — inflammation, which classically exhibits four symptoms: redness, heat, swelling (edema) and pain. These symptoms are often the observed effects of a systemically (whole body) activated immune system which tends to get directed at a localized injury.

Although emotional and physical pain can have many causes, the experience of pain is “in the eyes of the beholder.” Healers who address the mind, body and spirit levels of their patient’s suffering are addressing both sides of this equation; they diagnose and treat possible causes or risk factors, and they also address the perception of pain, which in most patients, especially for those suffering from emotional pain, is the most important factor.

If an acute traumatic injury like low back strain or an acute infection does not resolve, usually inflammation has set in. Swelling is an attempt of the body to dilute the toxicities from dead or injured tissues or germ toxins, analogous to how toxic waste spills are handled environmentally. Specifically, “the solution to pollution is dilution” as diluting toxins lessens the harmful effects. Swelling (edema) can cause pain by putting pressure on nerves which must pass through small openings between and around bones and cartilage.

The cause of chronic pain from inflammation can have localized symptoms, but it is usually caused by a systemic challenge to the immune system, which when activated, will direct its wrath toward any part of the body which appears suspicious. When severely activated, even autoimmune symptoms can occur and various parts of the body are attacked for no obvious reason.

Activation of the immune system which causes chronic inflammation and pain is usually derived from four kinds of infections. Diagnostic testing is available to rule out these causes so that they can be properly treated.

Four Kinds of Infections

1) Gastrointestinal overgrowth of unfriendly flora like candida or parasites, which also is worsened by “leaky gut” which causes food allergies.

2) Dental infections from root canals and cavitations (abscesses in tooth sockets, often caused by anaerobic bacteria)

3) Chronic, year-round, non-seasonal nasal congestion and sinusitis (caused by candida and other fungi)

4) Tick-borne germs like Lyme, Babesia and Bartonella

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