BAKER CHIROPRACTIC, PA and Dr. John Raymond Baker,DC

October 19, 2006

BIZARRE LAWSUIT FILED BY THE MEDDLESOME TEXAS MEDICAL ASSN. AGAINST BOARD OF CHIROPRACTIC

Filed under: Blogroll, Uncategorized — bakerchiropractic @ 10:01 pm

In the “why don’t they clean up their own backyard” department, nothing is more clearly deserving of the ‘YOU NEED TO GET A LIFE” AWARD, than the specious and meritless lawsuit filed by the Texas Med. ASSn. against the Texas Board of Chiropractic.

A copy of this foolishness is found HERE . You will notice that they, (the TMA or Texas MEDDLESOME Association) assert that doctors of Chiropractic, do not have the right to diagnose! What idiocy.

Here is a quote from their lawsuit :

The diagnosis of medical conditions

24. Under Texas law, only physicians can diagnose medical conditions. As noted

above, the practice of medicine is defined, in part, as “the diagnosis of physical disease ordisorder or a physical deformity or injury[.]” Tex. Occ. Code

5 151.002(a)(13). By contrast, the

practice of chiropractic is defined, in pertinent part, as the use of “objective or subjective means

to analyze, examine or evaluate the biomechanical condition of the spine and musculoskeletalsystem[.]” Tex. Occ. Code 5 201.022@)(1). Because the diagnosis of medical conditions is the

practice of medicine, the term was carefully and intentionally omitted from the definition of

chiropractic. Section 75.17(d) of the Scope of Practice rule expressly authorizes chiropractors to

diagnose medical conditions and by doing so unlawfully expands the practice of chiropractic into the practice of medicine. “

So, here’s to you TMA…the YOU NEED TO GET A LIFE award!

(insert Bronx cheer)

October 16, 2006

Could you be blacklisted for filing a medical malpractice suit?

Filed under: Uncategorized — bakerchiropractic @ 1:37 am

From this link we read about a website that seems to track folks who do the unthinkable … actually sue doctors who commit medical malpractice!

“HOUSTON, March 4 — As domestic security director for 16 north Texas counties, Greg Dawson of Fort Worth has many dealings with doctors and hospitals, preparing for a terrorism emergency he hopes will never come.

So, Mr. Dawson said, he was stunned this week to find that his name had been added to a little-known Internet database for doctors attacking “litigious behavior.” His offense: filing a medical malpractice lawsuit against a Fort Worth hospital and doctor over the death of his 39-year-old wife, whose brain tumor was missed, and winning an undisclosed settlement.

 

For months, an obscure Texas company run by doctors has been operating a Web site, DoctorsKnow Us.com, that compiles and posts the names of plaintiffs, their lawyers and expert witnesses in malpractice lawsuits in Texas and beyond, regardless of the merit of the claim.

“You may use the service to assess the risk of offering your services to clients or potential clients,” the Web site says.

For fees listed as low as $4.95 a month for the first 250 searches and thereafter 2 cents a search, subscribers are invited to search the database “one person at a time or monitor any sized group of individuals for litigious conduct.” They can also add names to the database “from official and unofficial public records.” Whether that could include a doctor’s own files is not clear.

“They can sue but they can’t hide,” says the Web site.

A founder of the group, Dr. John S. Jones, a radiologist in Terrell, near Dallas, declined to respond to questions, saying through a lawyer, Vincent A. Bacho, that he had given one newspaper interview and had agreed not to give another before it was published.

The sponsors draw no distinctions among cases in what they say is the first effort to use public sources to compile a list of litigants in “predatory lawsuits” that are causing a medical crisis. One couple was put on the list after winning $40.9 million over a botched operation by a drug-dependent surgeon.

Mr. Dawson said he recently had trouble finding a doctor for his son and considered it possibly retaliatory. “I thought how amusing, I’m blacklisted,” he said.

He said he learned he was on the list from Texas Watch, a consumer research and advocacy organization based in Austin.

Dan Lambe, executive director of Texas Watch, said: “Medical malpractice patients need more care, not hurdles. It’s offensive on different levels.”

One other doctor besides Dr. Jones, Hoyt Allen, is named on the Web site run by DoctorsKnow.Us, which registered with the State of Texas on Jan. 30, 2003. Dr. Allen did not respond to messages left with his medical office in Kaufman, also near Dallas. The group lists an address in Mesquite, Tex., that has no telephone. No one responded to messages sent to the group’s e-mail address.

The American Medical Association said that it had just learned of the group and that it saw no ethical issues at stake.

“There’s no question that physicians are totally frustrated by the relentless assault on the medical profession by trial lawyers,” said Dr. William G. Plested, chairman of the A.M.A.’s board of trustees and a cardiovascular surgeon in Santa Monica, Calif. Dr. Plested said the government already maintained a database of doctors who had been sued, for use by medical professionals.

“Is it fair to come to me if you’ve sued the last 10 physicians you’ve seen and never collected?” he asked. “Is it fair for me not to know that?”

The Texas Medical Association referred questions about the group to its general counsel, Rocky Wilcox, who responded in a short statement: “We are not a part of and, in fact, don’t even know who is running this service. The fact that it exists testifies to the continued frustration physicians feel as they try to care for their patients amidst the epidemic of lawsuit abuse.”

How many people are listed on the Web site or what happens to them when they seek further medical care is not clear.”

———SNIP——————-

The website that is being talked about in this 2004 article is still online and in operation.

http://doctorsknowus.com/is there. It has an austere, even foreboding appearance to me.

It is in direct opposition in form to a more friendly and appealing, and more consumer oriented site, http://www.texaswatch.ORG.

As a doctor who is oriented toward patients and consumers of healthcare, I like TexasWatch.com and believe that consumers and patients need to look to it for good information. TEXASWATCH.ORG    ——->   rocks !

October 15, 2006

NEWEST BAKER CHIROPRACTIC GOES LIVE OCTOBER 15

Filed under: Uncategorized — bakerchiropractic @ 6:25 pm

Another Baker Chiropractic information portal goes LIVE October 15, 2006
http://johbak0.100webspace.net

It joins http://bakerchiropractic.orgfree.com/ as one of our newest information portals.

It is powered by MAMBO, an open source CMS system. Many of my earlier sites are based on PhP NUKE, and I still use it. Mambo is the sister to Joomla, another open source Mambo based system.

October 13, 2006

YET ANOTHER BAKER CHIROPRACTIC INFORMATION PORTAL ADDED

Filed under: Uncategorized — bakerchiropractic @ 11:46 am

The growing list of BAKER CHIROPRACTIC, PA informational portals has increased again.

We launched http://bakerchiropractic.orgfree.com
yesterday and it seems to be working fine.

Have a great day!

October 12, 2006

LINKS FOR BAKER CHIROPRACTIC

Filed under: Uncategorized — bakerchiropractic @ 1:09 am

The Need for Change in Work Comp Laws in Texas

Filed under: Uncategorized — bakerchiropractic @ 12:51 am

I believe it was 1990 or thereabouts when I started working in Work Comp in Texas.At the time, it seemed like a lot of paperwork, and somewhat of a hassle.
Little did I know that those were, compared to now, the “salad days”, to borrow a term from the movie “Raising Arizona”. Toiling in the fields of Work Comp in Texas has gotten worse and worse. One of the big reasons is the passage of House Bill 7.  It is hard to imagine a more employer and insurance carrier friendly bill would be possible if the insurance carriers had been given carte blanche (from the French meaning “white document”) to write the most friendly terms possible for them, and conversely, the most unfriendly for the poor injured workers.

Part of the zeitgeist of the “NEW” work comp system is this big push to people injured workers back to work. I think that this is certainly something which is favorable to the employer, because, it is much easier to fire an injured worker if they return to work, than if they are not there to do anything “wrong”.

You must remember that Texas is a very “employer friendly” state. For one thing, Texas is the ONLY state of the fifty United States, that allows employers to opt out of being subscribers in the Work Comp system.

 And, what is the incentive to be a subscriber in Texas ? Consider this passage from the Texas Department of Insurance website :
http://www.tdi.state.tx.us/consumer/cb007.html

(Revised March 2006)

Employers purchase or obtain workers´ compensation coverage to pay the medical and income losses incurred by employees who are injured on the job. Since workers´ compensation insurance premiums can be a significant expense for Texas employers, many businesses are tempted to go without insurance or to buy cheaper “alternative” products. Texas is the only state in which purchasing workers´ compensation insurance is truly optional for most private employers. Employers who have chosen not to purchase or obtain workers´ compensation coverage for their employees are often referred to as “nonsubscribers” to the Texas workers´ compensation system.

The Texas Workers´ Compensation Act limits an employer´s legal liability for job-related injuries if the employer has a workers´ compensation policy from a licensed insurance company, has been certified to self-insure by the Texas Department of Insurance´s Division of Workers´ Compensation, or is a member of an approved workers´ compensation self-insurance group. Only companies specifically licensed to sell workers´ compensation insurance in Texas may legally offer such insurance. They may sell only the standard policy adopted by the Commissioner of Insurance.

Employers without workers´ compensation coverage – including those with alternative coverage – may face high damage awards if an employee is injured and can prove in court that the employer was negligent in any way.”

But, let’s face it…how many attorneys in Texas, take so-called “non-subscriber” cases?
VERY FEW!

The site also says the following :

Being a Nonsubscriber

If an employer chooses not to purchase workers´ compensation insurance or to self-insure, the employer forfeits certain “common-law” defenses if sued because of a work-related injury:

  • The employer can´t use evidence to show that the employee´s own negligence or the negligence of another worker contributed to the accident.
  • The employer can´t present evidence that the injured employee knew the risk of injury and voluntarily assumed it.

In addition, the employer could be liable to pay court judgments for pain and suffering and punitive damages.

An employer found negligent in any way bears full financial responsibility for the loss, even if the employee´s own negligence played a greater role in causing the injury. The employer also must pay defense-related legal expenses, such as attorney fees.”

Again, name ONE attorney currently accepting non-subscriber cases.

 More to the point though. there is this .
http://www.compsolutionsnetwork.com/nonsubscriber.htm

Only In TEXAS!
Texas is the only state in the Union where the majority of Texas businesses can elect to non-subscribe. Thanks to our historical fore fathers, this option has been available since 1913. However, there were not many employers who were interested in this option, or even knew about it until around the mid 1980’s when workers’ compensation cost in Texas escalated to some of the highest in the nation. Today approximately 44 percent of Texas businesses operate as non-subscribers. These employers can be found in almost every segment of today’s business community and have employees that range in size from one employee up to thousands. “

This means that, according to that source, ALMOST one out of every two employers, almost half ( 44%) are NON-subscribers !

There is even an association of “responsible nonsubscribers” with a website at
http://txans.org/

 On their questions page, they pose and answer this non-subscriber question :

Why do many businesses choose to provide benefits as nonsubscribers?

Businesses choose nonsubscription for a variety of reasons including:

  • Cost Reduction – Nonsubscribers can escape many of the unnecessary costs associated with
    workers’ compensation by developing and maintaining a responsible nonsubscriber benefit program.
  • Improved Healthcare – Nonsubscribers work with healthcare professionals to develop medical
    delivery programs to provide quality care at a reasonable cost.
  • Improved Management – Nonsubscribers can customize their occupational injury benefit plan to
    improve the ability manage injury-related costs.
  • Improved Safety & Care – Responsible nonsubscription requires employers to expend additional
    resources to prevent injuries and offer quality post-injury benefits and care.
  • Survival – The fact of the matter is many businesses cannot survive our state’s record-breaking
    workers’ compensation costs and therefore choose nonsubscription as a means of survival. “

————SNIP================>

EDITORIAL OPINION
Without a doubt, there is a serious need for drastic and dramatic change in Workers Comp laws, rules , and regulations in Texas. The system has become weighted AGAINST providers and AGAINST injured workers.

House Bill 7’s implementation is bad news for both healthcare providers and injured workers. What MUST happen is for the citizens of this state, the majority are working people, need to contact their representatives in Texas Congress and DEMAND change for the better. It’s time the hard working people of Texas quit being injured victims !

October 11, 2006

Welcome to my first post at my new blog, BAKER CHIROPRACTIC,PA

Filed under: Uncategorized — bakerchiropractic @ 9:18 pm

drjohnraymondbaker.jpg

This is Dr. John Raymond Baker,DC’s blog. My office is Baker Chiropractic, PA located at 1420 McCann Road in Longview Texas. Our office hours are 9 am until 1 pm and 3 pm until 6 pm Monday through Friday.

Our phone is 903-753-5400 and our e-mail is :
BakerChiropractic(at)gmail.com

I will be updating my blog as days go by.

Please also see my other sites at :

http://www.bakerchiropractic.net

http://www.baker-chiropractic.com

http://www.longviewdoctor.com

http://www.healingtexas.com

http://www.johnraymondbaker.com

http://www.drjohnbaker.com

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