Liability in the Naturopathic world is
very different from the malpractice system that allopathic
providers operate under. This stems from a radically different
philosophical approach to health, the low risk experienced by patients, and a radically different type of
healing interaction than most people are accustomed to.
In Allopathic Medicine, patients are
diagnosed, treated with medications and surgery, and maintained in
that state indefinitely – 'under' a physicians care. There is a
clear differential in power, with the physician having authority over
the patient – and the expectation that the patient does as
directed. Because of this, an elaborate system of liability
protection and malpractice has been created. Physicians, because they
are human, have oversights and make mistakes. But because they are
the sole authority in the therapeutic relationship – they also
assume all responsibility. Since errors will always occur; allopathic
physicians would be unable to practice if they were actually held
responsible for their decisions. The two systems that have developed
to address this are standards of care – community standards created
by physicians of how patients under certain conditions should be
treated and applied to all – and a medical malpractice system that
essentially pays for any mistakes just as car insurance covers
accidents in driving.
The Naturopathic community functions
very differently. Our primary form of liability protection is based
on a relationship between the patient and physician. Naturopathic
physicians spend considerable time creating a relationship of trust,
as evidenced by the length of their visits, accessibility of care,
and the personal nature of their interactions. Naturopathic
physicians are teachers. They don't tell their patients what to do,
they instead educate their patients with respect to their options and
support them with their decisions. The responsibility for health lies
with the patient who is advised and supported by the physician with
the ultimate aim being independence and self sufficiency.
Although most Allopathic providers do
not disclose issues of liability or standards of care – the basis
of much of the care provided has more to do with standards protecting
the physicians liability than the best interest of the patient. But
Naturopathic physicians actively promote medical consumerism...
educating patients about different philosophies of care, stressing
their rights and role in their own care, providing basic education
about health issues, and generally equipping patients with respect to
their rights as consumers.
For this reason Naturopathic Physicians
do not frequently encounter liability issues, have different
requirements for malpractice, jurisprudence and standards of care
that vary from state to state based on regulations and laws. All
Naturopathic physicians who have graduated from accredited
universities have lines of authority under which they practice.
In a practical world, liability issues
are consistent with professional demeanor and social standards. The
best way to address concerns about a provider is the same way you
would address any person -air your concerns directly. Lawsuits,
liability and other legal misunderstandings are often quickly
settled with basic information and communication. When patients go
instead to others to air their complaints or use public forums –
they engage in slanderous behavior, that is essentially professional
gossip. Just as gossip is damaging to the reputations of individuals
in the world, professional gossip is much more serious because it
doesn't just hurt feelings... it damages a person's professional
reputation and therefore their livelihood.
So how do patients protect themselves?
In the state of Idaho anyone can call legally call themselves a
Naturopathic Physician and practice. Licensure is NOT required. This
is a buyer beware state – but physicians who have graduated from
accredited schools are easily identified and will usually make a
point of discussing their education. Secondly look for basic
characteristics that identify a good physician – do they promote
education, do they spend adequate time with you to establish a
relationship and answer questions, and are they accessible at odd
times or in case of emergency? Lastly evaluate your own
appropriateness for this style of healthcare. Do you take
responsibility for your own care, do you want to be more educated
about your health, do you want to learn to be a good medical consumer
and become more self sufficient? If you want to know who a physician
is, ask for patient referrals and ask the questions that concern you
the most.
How do Naturopathic Physicians protect
themselves? Naturopathic Physicians protect themselves by following
professional and ethical standards; creating relationships with their
patients; and conducting themselves with integrity. Our biggest
challenge is practicing in a community where there is a huge
discrepancy between different providers who may call themselves by
the same titles. While the term Naturopathic Physician in Washington
State refers to a physician who has graduated from an accredited
university with a doctoral degree in medicine and is formally trained
as a primary healthcare provider; in Idaho anyone can practice and
call themselves a Naturopathic Physician - no training required.
In summation, genuine safety in
healthcare varies markedly between the various healing professions
based on the risks to the patients. Rules for protecting oneself from
a poor outcome follow the boundaries of common sense and social
standards. Shop around, ask questions, and be a good consumer.
Communicate with your provider. And if you encounter challenges,
follow professional and ethical standards. These simple tips protect
the therapeutic relationship that is essential for genuine healing.
The right to make decisions about your own
health care is a tenuous one. There are many people who support the
concept of a medical monopoly, denying patients the right to choose
their own care.... there has never been a time where this choice is more
at risk. Consumers who access and support medical alternatives promote
that right for all people. But the success of the system is dependent on
NOT falling into the constraints that insurance, malpractice,
professional associations, and legislation has imposed on our ability to make choices about our own care. In my humble opinion and with respect to my faith; maintaining exceptional and professional Naturopathic care is the way I choose to protect the rights of my patients.









