Texas DC Urges – “Keep the DC Diagnosis Case in the Courts…. They’ve Already Ruled That We Can Diagnose!”

Keith Pendleton, JD
9:30 a.m. ET, Mon., May 3, 2010
 
For those joining our News & Alerts for the first time, over the past 2 weeks, I've been covering the Constitutional Challenge to DCs' Right to Diagnose. 
 
On Friday evening, immediately after sending out my last article, I received a call from Clem Martin, DC (Bonham, Texas).
 
Here was Dr. Martin's point (I'll paraphrase) -- "The challenge to our right to diagnose needs to be kept in the court system and won there.  Texas courts have already ruled that DCs have a legal right / duty to diagnose, regardless of what the TMA may say about our Scope of Practice Act.  How do I know this?  Because I know of at least one case where a Texas DC has been held liable for malpractice for not spotting a non-subluxation-related condition of a patient.  Our best chance of preserving our right to diagnose is by keeping the matter exactly where it is -- and winning it."
 
Dr. Martin raises a valid point… certainly one worth taking a closer look at.
 
So in other words, in my last article I asked the question -- Do you really wish to discuss, negotiate, and compromise on your right to diagnose?
 
Dr. Martin's concern is -- If the case spills over into the Legislature in the next legislative session, that's exactly what will happen.
 

 
Back to DCs for Diagnosing:  The Constitutional Challenge to DCs' Right to Diagnose