Some sites I consider relevant in regards to Dr. David Derry and some
comments on what I've seen:
News: Class-action lawsuits medicine's newest legal headache [CMAJ -
September 4, 2001]
http://www.cma.ca/cmaj/vol-165/issue-5/0622.asp
Comment - Canadian patients fighting for their rights, not just thyroid
patients, but all patients, ought to consider getting together and
considering class action law suits or other means to survive the assault.
This isn't just a thyroid issue, it's patient rights that are in question.
Selected text-
Class-action lawsuits have only recently started to gain popularity in Canada
- recent examples are the tainted-water case in Walkerton, Ont., and the suit
involving natives who attended Canada's residential schools. They are
permitted only in Quebec, Ontario and British Columbia, although the Supreme
Court of Canada recently gave the nod to class actions in other provinces by
allowing one to proceed in Alberta, which has no comprehensive class-action
legislation.
Their key advantage is "strength in numbers," since assembling a group of
plaintiffs instead of a single plaintiff greatly expands the defendant's
exposure to liability. Lawyers argue that defendants will treat a class
action more seriously than a suit brought by an individual. Canadian courts
have emphasized that class actions provide access to justice for those who
would otherwise be unable to prosecute their claims (Edwards v. Law Society
of Upper Canada [1994], 26 Carswell Practice Cases [3d] 116 [Ontario Class
Proceedings Committee]).
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CPSBC - Open Inquiries
Comment - this is the notice they gave for opening the inquiries to the
public that Derry was involved in.
http://www.cpsbc.bc.ca/news/open-inquiry.htm
Notice that hearings of the type Derry was involved in will be open to the
public. His was closed.
"However, in considering the various factors, and in assessing developments
in other Provinces and other professions, the College concluded that the
public interest would be best served through opening the disciplinary
process."
Comment - I assume this means if a doctor's supporters actually show up, it's
not in the public's best interest anymore to have an open hearing? It's
probably rare for the public to actually have an interest in these kind of
proceedings
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CPSBC - Press Release
http://www.cpsbc.bc.ca/press/2001-04-06-billm202.htm
Comment -they put a letter on the Internet about their objection to Bill
M202. What it really says to me is they are arrogant snobs who wouldn't want
a patient to believe their opinion matters in real practice.
Selected text, be sure to go to site to see proper context (I just point out
what I think they really mean.)
<Quote>
The College of Physicians & Surgeons of British Columbia strongly objects to
Bill M202, a Private Member's Bill currently before the Legislature
addressing the issue of complementary medicine. The Bill, if passed, would
allow physicians practising complementary medicine to ignore the standards in
medical practice which apply to all other physicians in the province and
which have been established for the protection of the public. The College
believes that the Bill exposes the public to significant potential risk and
exploitation and, that the College would be unable to adequately respond to
and investigate complaints if the Bill is passed.
The Bill would allow physicians to use any form of complementary medicine if,
in the judgment of the practising physician, it offers "the reasonable hope
of saving life, alleviating suffering or improving health". It effectively
allows physicians who practice complementary medicine to offer any therapy
they wish at whatever cost they wish, as long as it cannot be proven that
there is definite physical harm to the patient.
<unquote - stop for comment>
No, doctors probably shouldn't be able to do whatever they want. When I
wanted hydrocortisone for low adrenals my doctor made me give him a report on
all the side effects of treatment with corticosteriods and glucocortids. In
other words, he made sure I was an INFORMED PATIENT. A doctor truly never
knows what's best for you, they are not gods. Some of them don't know this.
<Quote continuation>
Is this really what the public and government expect of a registered
physician when such may fly in the face of evidence-based medicine and the
standards for patient care set by the College?
<unquote - stop for comment>
EVIDENCE based medicine? What is there EVIDENCE for believing TSH is the
total answer to diagnosing low thyroid function? No one should be arrogant
enough to think they know the total complexity of the human body. By
believing TSH is the only test necessary, they ignore many patients who
disagree. They got better with thyroid treatment without elevated TSH,
that's proof. That's what we need, proof that real people get better, not
just a theory that TSH is the perfect and only necessary.
Dr. Derry uses evidence based on his observations of people who got better
with treatment. There is no better evidence than that.
How strong is this belief? The Thyroid Foundation of Canada thinks it's all
that's necessary. "http://www.thyroid.ca/Guides/HG02.html" It has
contributors, and I believe also receives a lot from the government. They
make such statements as, "Basically, a normal TSH excludes primary thyroid
disease. When the TSH is elevated, this suggests hypothyroidism and when
suppressed suggests hyperthyroidism... Rarely the TSH level may be suppressed
by drugs (such as corticosteroids) or by severe psychiatric or non-thyroidal
illness. However, such circumstances are extremely rare in the out-patient
setting.
In the Thyroid Foundation's frequently asked question section
"http://www.thyroid.ca/Guides/HG13.html#3" someone has all the symptoms of
low thyroid except for elevated TSH and asks if she should take medication
for it. In part, they answer, "Actually the routine blood tests for thyroid
function are extremely accurate and precise. Moreover, the blood tests for
thyroid stimulating hormone (TSH) .. is extremely accurate. It is the first
test to rise when thyroid function is at all low. Indeed, it will go up even
before the thyroid hormone levels are detectably lower. This is a category
termed "compensated" hypothyroidism. In that state, the thyroid hormone
levels are still normal, the patient still feels normal but the TSH is
already an indicator that the thyroid gland itself is in trouble. In your
case, with a normal TSH, HYPOTHYROIDISM IS COMPLETELY RULED OUT (emphasis is
mine). It is important to remember that many other conditions can mimic
hypothyroidism ... people who do not have thyroid disease can "benefit" from
taking thyroid medication. The reason they are benefiting is that the thyroid
medication is a "placebo". ... Sometimes this placebo effect is truly
remarkable and long lasting. More often, however, it lasts for only a short
time and disappears."
So, if your TSH is normal, but your asthma disappears, your plantar fascitis
goes away, your sleep apnea disappears they are telling you it's not real
it's a placebo. Who do these arrogant people think they are?
I sidetracked only because I have a suspicion the governing medical
organization influences the Thyroid Foundation's opinion or at least agrees
with it. Also, sometimes religion and science are closely entertwined. One
definition of "religion" at Webster's.com, "A set of beliefs, values, and
practices based on the teachings of a spiritual leader." "Beliefs" are
believed by faith, not by evidence. The more a pharmaceutical company,
posing as a "spiritual leader" who cares about health, can talk to your
doctor and prescribe according to their maintenance protocol, the happier
they are. Never forget a scientific hypothesis like "TSH will not fail to
diagnose any hypo patient" is a religious type belief if not followed up by
the scientific method. That is, when they started using TSH, actually before
they should have taken thousands of people who were being treated for low
thyroid and seen if their TSH was actually elevated in that group of people.
If you define a hypothryoid patients as "one who has elevated TSH" then it is
true, TSH can detect them all. If your definition is "one who is not
functioning optimally because his thryoid is not producing enough thyroxine
for his body, or the thyroxine his gland is producing is not being converted
to the more active T3" then you have a lot more hypothyroid patients. And if
treated properly a lot less patients who have the following disorders which
can be thyroid induced - sleep apnea, asthma, plantar fascitis, fatigue,
inability to think well, easy weight gain, hypertension, hypotension, cold
all the time, low body temp, frequent infections. It's a lot more profitable
for the medical profession if they use the first definition, the health care
industry might have a big recession if they start using the second one and
treating appropriately.)
<back to the CPSB quote>
If members of the public complain regarding the practice of physicians and
the physician argues that a form of complementary medicine is being provided,
the College faces the impossible task of having to prove that the therapy
posed a greater risk to the patient than conventional medicine. The College's
position has been that the public has the right to expect that members
registered with the College will comply with certain clearly understood and
defined standards of medical practice and that those standards will be
enforced if there is a complaint.
<Unquote for comment>
I thought Derry's patients didn't complain, only his files which screamed "My
TSH isn't elevated, he's treating me and given me my life back, but I'm no
obeying the CPSB rule, "only make patients better if it follows our approved
treatments."
<CPSB quote continued>
The College recognizes that in cases where conventional medicine cannot
address a patient's problems, that patients may want the ability to consider
other options. For that reason, the College has a policy on complementary
medicine which allows such a practice, but subject to general standards for
patient care which are established by the College and not by the individual
practising complementary medicine. We believe that the proposed Bill
establishes a two-tiered regulatory system, one for main-stream physicians
who must meet and comply with standards of practice and another for
complementary physicians who, if the Bill is passed, will be able to argue
that their standards of care and conduct should not be questioned.
The Bill would also require the College to appoint to any disciplinary panel
a member of the Association of Complementary Physicians of B.C. to sit in
judgment at any disciplinary hearing. Those individuals would have no
recognized credentials to participate in such a hearing since they are
neither elected members of the College Council nor Council members appointed
by the government. The College believes that this will weaken its position if
court challenges are taken involving its decisions.
<unquote > Translation - "Don't take our power away, we like people to have
permission to use our approved treatments only in order to get better."
<CPSB quote continued>
The Bill is particularly surprising, given that the current government, over
the years, has insisted on "evidence-based medicine" and "evidence-based
medical investigation" as a requirement for payment by the Medical Services
Plan or PharmaCare. In fact, the Premier recently stated in the B.C. Health
Guide announcement: "This new service will provide BC families with the
practical, well researched and evidence-based information they need to manage
their health questions and concerns effectively." The government's
inexplicable current support of this legislation appears to contradict their
own established policy and the statements made by the Premier himself. As the
body responsible for establishing and enforcing standards, the College which
has the legislative mandate to protect the public and act in the public
interest, voices the strongest possible warning regarding the implications of
Bill M202 for the standard of medical practice in the province.
<Unqoute> Dr. Derry's patients are saying they are getting better. What
public are they protecting by taking the right away?
<CPSB quote continued>
The Bill allows physicians who offer therapy which is harmful or against a
patient's interests to argue that, the College should take no action because,
in the physician's opinion, it offered reasonable hope. Is this the type of
standard that the public should expect in terms of medical practice in the
province?
The College's more detailed response to the Ministry of Health with respect
to this proposed amendment is attached to this release.
Morris VanAndel, MD
Registrar
MV/lpl
Attachment
<Unquote>
ARROGANCE. I assume the bill didn't pass. It should have.
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I also looked at their attachment for complementary medicine.
CPSBC Policy Manual - Complementary & Alternative Therapies
http://www.cpsbc.bc.ca/policymanual/c/c12.htm
<Quote>
In formulating any treatment plan, the physician must consider the relative
risks and benefits of any potential therapy, and choose that course most
likely to restore the patient to good health. Although the patient is always
an active participant in this process, it is the conscientious application of
the experience and knowledge of the physician that is essential in
determining the patient's best interest.
It follows that the patient's preference cannot be sufficient grounds to
select a given treatment, and the physician must be careful in advising
patients who are considering or using complementary or alternative therapies,
and especially careful in promoting or recommending such therapies
<Unquote>
There's more writing at the web site, this is what the standard of care boils
down to for Canada (and I doubt it's that different for the US.) "Although
the patient is always an active participant in this process, it is the
conscientious application of the experience and knowledge of the physician
that is essential in determining the patient's best interest." My
translation would be, how the patient feels is irrelevant. Just because he
thinks he's doing better it could be a placebo effect, like the Thyroid
Foundation of Canada said.
If anybody says they are thinking "in my best interest" I know they are
deluded in thinking there's a possibility I will believe them. Yes, my
parents used to say that, but they loved me. All the majority of the medical
profession sees is the incoming money, and it keeps coming in as long as the
patient is deluded into believing he has to suffer the way the doctor is
maintaining his condition, because it's the best treatment possible. Most,
but not all of the medical profession is not thinking about a "patients best
interest." Dr. Derry and Dr. Durrant-Peatfield have been.
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Conclusion
Do Canadian citizens really have to put up with this kind of foolishness? If
so I feel sorry for you. I hope some of them start thinking about that class
action lawsuit statement at the top, assuming the college can be sued. It
deserves to be. When the people are afraid of the ruling class that's where
tyranny starts, and the College's statement certainly sounds like they think
they are the ruling class. I don't know if the rest of the Canadian
government has the same arrogance or not. The "subject patients" need to
turn it around and get the College to respect and fear them so they do their
job from a sense of duty and good medical care and not from a postion of
arrogance and power they are trying to exert now.
If Canadian's don't succeed, next I'll be considering that question in my own
country when they come here to do the same thing. Hopefully, we still have
enough of our hatred of tyranny to fight for our rights. We can get an
uproar about those traffic lights that take your picture as you're running a
red light and get them removed in some states (because the people in power
were "fixing" them to generate more revenue, power does corrupt), I sure hope
we can fight for our patient rights with a lot more fury, we're going to have
to.
Skipper Beers
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