The specious and meritless nature of the lawsuit of the TMA against the Texas Chiro Board
First off, the TMA has organized itself as a little club, trying to act like the Knights Templar of Medicine, as if THEY should “PROTECT” citizens and the practice of medicine.
The TMA has no legal charter nor duty from the State of Texas to do this, and as a political organization, it seems like this is more an attempt at anti-competition against other providers of healthcare. We know there has always been antipathy and rivalry for patients betweeen the allopaths and Chiropractic doctors, and the Wilk case brought forward the dirty little secrets of the efforts of the AMA against the practice of Chiropractic doctors, and against the practice of Chiropractic, trying to marginalize Chiropractic doctors and intimidate medical practitioners not to refer to, or receive referrals from, Chiropractic doctors.
Now, I have read the Texas Medical Practice Act, and the Chiropractic Act and come to simple conclusions.
Number one, there is NO exclusionary language which states that ONLY Medical Doctors, or Osteopathic Doctors, may formulate diagnoses for patients.
Certainly, the DDS, Doctors of Dentistry, also diagnose, and if only MD’s could diagnose, then they should have filed suit against dentists as well.
The natural outcome of evaluation and analyzing the spine and musculoskeletal system (or neuromusculoskeletal system as I assert it should read) is to formulate a diagnosis of what condition may best be described given the outcome of using objective and subjective means.
In point of fact, one of the key points of the algorithm which any doctor uses, is the formulation of a working diagnosis, and using tests and other diagnostic procedures to rule in or rule out other diagnosis.
It is clear that the TMA wishes to abolish the ability of the Doctors of Chiropractic in this state to function as “real doctors”.
In my mind, this suit is not only without merit, but appears to be an abuse of process.
The TMA has a long history of filing lawsuits. Perhaps they have nothing better to do.
They filed lawsuits against Managed Care organizations, Tennessee Blue Cross, and class action lawsuits against insurance companies.
Goodness knows, I am the last to defend insurance companies, but it shows a pattern and practice of suing anytime you don’t like what some other group is doing.
I beleive this time, they have gone beyond the limits of reason.
They are NOT the Knights Templar of Medicine, they have no legal authority nor dictum from the State to Meddle in the affairs of other health care providers, and in my opinion,
they need to either get a life, or engage in cleaning up the allopathic establishment.
One only need to look at the Harvard Medical Practice Study or the “Death by Medicine” article, to see the allopathic establishment appears to be doing far more harm to citizens and patients than the Chiropractic profession will ever do.
~Doc