3 Quinnipiac Health L. J. 25 (1999-2000)
Using Daubert to Aid the Injured: A Case of Therapeutic Touch

handle is hein.journals/qhlj3 and id is 29 raw text is: Using Dauberti to Aid the Injured:
A Case of Therapeutic Touch
By Larry Sarner and Linda Rosat
Barely  a   century   old, scientific  (or  evidence-based)
medicine, is a success story almost without parallel. The ad-
vances in longevity, public health, and physical well-being are di-
rectly attributable to the application of reason and scientific
methods to problems caused by disease, trauma, and inheri-
tance. Yet medicine is a victim of its own success. Public atten-
tion falls upon its ongoing failures, not its past successes. Fewer
people trumpet the absence of polio or killer influenza
epidemics, than decry the lack of a cure for cancer. This is not
all bad, as there is an ongoing public need to focus on the
problems of the present.
But there is a downside too. There are those among us who
exploit the shortness of public memory and the intransigence of
certain problems. These opportunists used to be called
quacks,2 now they are called Alternative Medicine (AM) practi-
tioners. Some are simply con men, out for a quick buck. A few
are egomaniacs. Quite a number are practicing or former
health professionals who have political, religious, mystical, or
metaphysical agendas to promote. They may not know what they
are doing, but they certainly know why they are doing it.
Whatever their motivations or nostrums, they are finding ready
and growing followings in contemporary America. By reason of
their growing numbers and influence, they are a pernicious
threat to the public health and individual well-being.
Society needs a response to the harm being done by these
pseudomedicine practitioners. Part of the response may be gov-
t Larry Sarner is the chairman of the National Therapeutic Touch Study Group,
Loveland, Colorado, and a member of the Board of Advisors, Quackwatch, Inc.
Linda Rosa, R-N. is the chair of the Questionable Nurse Practices Task Force, Na-
tional Council for Reliable Health Information, Loveland Colorado.
1 Daubert v. Merrell Dow Pharm., 509 U.S. 579 (1993).
2 Short for quacksalver A pretender to medical skill, medical charlatan, ignorant
or dishonest practitioner, WEaS-ER's THiRD NEW INT'L DicUoNARY 1856 (Merriam-Web-
ster, Inc. 1993).

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