Notes
- ↑ The Eternal Health Co.'s listing on an internet directory
- ↑ [2001] 1 W.L.R. 410, 415
- ↑ [2001] 1 W.L.R. 410, 416
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Shakoor v. Situ (t/a Eternal Health Co) [2000] 4 All ER 181; [2001] 1 W.L.R. 410; (2001) 57 B.M.L.R. 178; Independent, May 25, 2000; is a first instance case in English tort law on the standard of care appropriate for an alternative medicine practitioner. Its controversial ruling elaborates on the "responsible body of medical men" test from Bolam v. Friern Hospital Management Committee .
Mr Abdul Shakoor went to a Nottingham-based Chinese herbalist, which traded as the "Eternal Health Co." [1] Mr Kang Situ, who ran the herbalist had trained for five years in China, gaining both a traditional "medicine" and "modern" medical qualifications. His grade was "excellent". He had no British professional medical qualifications. In November 1994, Mr Situ prescribed a course of Chinese herbal remedies for Mr Shakoor's benign lipomata, a skin condition, which produces fatty tissue that lies just below the skin, but causes no risk to health. There is no treatment in the UK, except surgical removal. Mr Shakoor was given a mix of twelve herbs in ten sachets which were to be taken on alternate days after a meal. After nine doses Mr Shakoor got ill, nauseous, his eyes went yellow and he suffered heartburn. He vomited, and had abdominal pain. He went to hospital, and was diagnosed as having "probably hepatitis A". His liver failed, he had hepatic necrosis. He had an operation, but he died in January 1995. In the post-mortem, his liver was found to contain Bai Xian Pi, or dictamnus dasycarpus, which some evidence suggested could be hepatotoxic.
Bernard Livesey QC found that there was no way to establish that the herbs could be known to contain toxic substances. Yet on the balance of probabilities, the herbal concoction was the cause of death. It was held that Mr Shakoor had an "idiosyncratic" reaction, a rare and unlucky allergic response to the herbal mix. He noted,
"unlike some alternative therapies, TCHM has a long and distinguished history; it has an oral tradition extending back some 4,000 years or more and a written tradition extending back some 2,000 years. It is practised alongside modern medicine in China and accordingly, I am told, a larger proportion of the world's population is treated by it than is treated by modern or western medicine. However, I learned little during the course of this trial as to the extent of current teaching, research, monitoring and verification of its practices in China or elsewhere." [2]
He considered the argument that an herbalist should be held to the same standard as a normal NHS doctor, but disagreed.
"The Chinese herbalist, for example, does not hold himself out as a practitioner of orthodox medicine. More particularly, the patient has usually had the choice of going to an orthodox practitioner but has rejected him in favour of the alternative practitioner for reasons personal and best known to himself and almost certainly at some personal financial cost. Those reasons may include a passionate belief in the superiority of the alternative therapy or a fear of surgery or of reliance (perhaps dependence) on orthodox chemical medications which may have known undesirable side effects either short- or long-term or both. [3]
So long, said Livesey QC, as the herbalist complies with the UK's laws, does not prescribe prohibited or regulated substances under the Pharmacy and Poisons Act 1933, the Medicines Act 1968 or the Abortion Act 1967, so long as the herbalist takes steps to keep abreast of pertinent information in the "orthodox" medical journals, it is appropriate to hold his standard of care to that of what a reasonable herbalist would do. In this case the prescription had not been inappropriate for a reasonable herbalist, and accordingly Mr Situ of the Eternal Health Co. was not liable for the death of Mr Shakoor.
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Alternative medicine is any practice that aims to achieve the healing effects of medicine despite lacking biological plausibility, testability, repeatability, or evidence from clinical trials. Unlike modern medicine, which employs the scientific method to test plausible therapies by way of responsible and ethical clinical trials, producing repeatable evidence of either effect or of no effect, alternative therapies reside outside of medical science and do not originate from using the scientific method, but instead rely on testimonials, anecdotes, religion, tradition, superstition, belief in supernatural "energies", pseudoscience, errors in reasoning, propaganda, fraud, or other unscientific sources. Frequently used terms for relevant practices are New Age medicine, pseudo-medicine, holistic medicine, unorthodox medicine, fringe medicine, and unconventional medicine, with little distinction from quackery.
Traditional Chinese medicine (TCM) is an alternative medical practice drawn from traditional medicine in China. It has been described as "fraught with pseudoscience", with the majority of its treatments having no logical mechanism of action.
Ayurveda is an alternative medicine system with historical roots in the Indian subcontinent. The theory and practice of Ayurveda is pseudoscientific. Ayurveda is heavily practiced in India and Nepal, where around 80% of the population report using it.
Herbal medicine is the study of pharmacognosy and the use of medicinal plants, which are a basis of traditional medicine. With worldwide research into pharmacology, some herbal medicines have been translated into modern remedies, such as the anti-malarial group of drugs called artemisinin isolated from Artemisia annua, a herb that was known in Chinese medicine to treat fever. There is limited scientific evidence for the safety and efficacy of many plants used in 21st century herbalism, which generally does not provide standards for purity or dosage. The scope of herbal medicine sometimes include fungal and bee products, as well as minerals, shells and certain animal parts.
Traditional medicine comprises medical aspects of traditional knowledge that developed over generations within the folk beliefs of various societies, including indigenous peoples, before the era of modern medicine. The World Health Organization (WHO) defines traditional medicine as "the sum total of the knowledge, skills, and practices based on the theories, beliefs, and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health as well as in the prevention, diagnosis, improvement or treatment of physical and mental illness". Traditional medicine is often contrasted with scientific medicine.
Nicholas Culpeper was an English botanist, herbalist, physician and astrologer. His book The English Physician is a source of pharmaceutical and herbal lore of the time, and Astrological Judgement of Diseases from the Decumbiture of the Sick (1655) one of the most detailed works on medical astrology in Early Modern Europe. Culpeper catalogued hundreds of outdoor medicinal herbs. He scolded contemporaries for some of the methods they used in herbal medicine: "This not being pleasing, and less profitable to me, I consulted with my two brothers, Dr. Reason and Dr. Experience, and took a voyage to visit my mother Nature, by whose advice, together with the help of Dr. Diligence, I at last obtained my desire; and, being warned by Mr. Honesty, a stranger in our days, to publish it to the world, I have done it."
The history of alternative medicine refers to the history of a group of diverse medical practices that were collectively promoted as "alternative medicine" beginning in the 1970s, to the collection of individual histories of members of that group, or to the history of western medical practices that were labeled "irregular practices" by the western medical establishment. It includes the histories of complementary medicine and of integrative medicine. "Alternative medicine" is a loosely defined and very diverse set of products, practices, and theories that are perceived by its users to have the healing effects of medicine, but do not originate from evidence gathered using the scientific method, are not part of biomedicine, or are contradicted by scientific evidence or established science. "Biomedicine" is that part of medical science that applies principles of anatomy, physics, chemistry, biology, physiology, and other natural sciences to clinical practice, using scientific methods to establish the effectiveness of that practice.
Samuel Thomson was a self-taught American herbalist and botanist, best known as the founder of the alternative system of medicine known as "Thomsonian Medicine", which enjoyed wide popularity in the United States during the 19th century.
Tui na is form of alternative medicine similar to shiatsu. As a branch of traditional Chinese medicine, it is often used in conjunction with acupuncture, moxibustion, fire cupping, Chinese herbalism, tai chi or other Chinese internal martial arts, and qigong.
Traditional Korean medicine refers to the forms of traditional medicine practiced in Korea.
Hilot (/HEE-lot/) is an ancient Filipino art of healing. It uses manipulation and massage to achieve the treatment outcome, although techniques differ from one practitioner to another. It emerged from the shamanic tradition of the ancient Filipinos with healers considering their practice as derived from their calling from visions or from having been born by breech.
Kampo or Kanpō medicine, often known simply as Kanpō, is the study of traditional Chinese medicine in Japan following its introduction, beginning in the 7th century. It was adapted and modified to suit Japanese culture and traditions. Traditional Japanese medicine uses most of the Chinese methods, including acupuncture, moxibustion, traditional Chinese herbology, and traditional food therapy.
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a responsible body of medical opinion, they are not negligent. Bolam was rejected in the 2015 Supreme Court decision of Montgomery v Lanarkshire Health Board in matters of informed consent.
William LeSassier was an American herbalist and acupuncturist. He developed William’s Triune System of Formulation, which continues to be taught by herbalists, including David Winston, who has significantly expanded LeSassier's materia medica. LeSassier taught and inspired many of the major herbalists currently practicing in the United States, including Matthew Wood, David Winston, Margi Flynt, and Dina Falconi, and his influence is significant. His classes were taped and continue to influence herbal medicine in the United States.
Duncan Scott Napier was a Scottish botanist, herbalist and businessman. Despite having a deprived childhood and being functionally illiterate until his early teens, he became an expert in herbal remedies and did much to establish herbalism as a recognised branch of medicine. The herbalist business that he founded stayed in his family for three generations and still exists today.
Blood stasis (BS) is a concept in traditional Chinese medicine (TCM), described as a slowing or pooling of the blood due to a disruption of heart qi. Blood stasis is also described by practitioners of TCM in terms of yin deficiency, qi deficiency and qi stagnation. For non-practitioners of TCM it is sometimes explained in terms of hematological disorders such as hemorrhage, congestion, thrombosis or local ischemia, and in terms of tissue changes. TCM practitioners believe it is an important underlying pathology of many disease processes despite the fact that objective, consistent methods for measuring the presence of blood stasis syndrome are not readily available. Blood stasis is associated with justifications for acupuncture and herbal treatments.
Yorùbá medicine, or egbòogi, is an African system of herbalism practiced primarily in West Africa and the Caribbean.
Traditional African medicine is a range of traditional medicine disciplines involving indigenous herbalism and African spirituality, typically including diviners, midwives, and herbalists. Practitioners of traditional African medicine claim, largely without evidence, to be able to cure a variety of diverse conditions including cancer, psychiatric disorders, high blood pressure, cholera, most venereal diseases, epilepsy, asthma, eczema, fever, anxiety, depression, benign prostatic hyperplasia, urinary tract infections, gout, and healing of wounds and burns and even Ebola.
The history of herbalism is closely tied with the history of medicine from prehistoric times up until the development of the germ theory of disease in the 19th century. Modern medicine from the 19th century to today has been based on evidence gathered using the scientific method. Evidence-based use of pharmaceutical drugs, often derived from medicinal plants, has largely replaced herbal treatments in modern health care. However, many people continue to employ various forms of traditional or alternative medicine. These systems often have a significant herbal component. The history of herbalism also overlaps with food history, as many of the herbs and spices historically used by humans to season food yield useful medicinal compounds, and use of spices with antimicrobial activity in cooking is part of an ancient response to the threat of food-borne pathogens.
Traditional Cambodian medicine comprise several traditional medicine systems in Cambodia.