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Health Law Keyed to Furrow
In re Guess
Facts
Dr. George Albert Guess (D) was a licensed physician who practiced family medicine and regularly treated his patients using homeopathic medical practices. Behind homeopathy is the theory that large doses of a certain drug given to a healthy person will produce certain conditions which, when they are a spontaneous symptom of a disease, are relieved by small doses of the same drug. The State Board of Medicine (Plaintiff) charged Defendant on the basis that homeopathy was not an acceptable and prevailing system of medical practice and was therefore prohibited by statute. Defendant argued that homeopathy is a recognized system of practice in three or more other states and many foreign countries as well. No evidence was shown that Defendant's homeopathic treatment harmed even one patient, and there was anecdotal evidence that several patients experienced relief from Defendant's homeopathic remedies when they had been unable to experience relief from allopathic medicine. Plaintiff stayed the revocation of Defendant's license to practice medicine on the condition that he not practice homeopathy, which Defendant appealed to the relevant trial court which reversed and vacated the decision of the Plaintiff. Upon appeal by the Plaintiff, the intermediate appellate court rejected the reasoning of the trial court but affirmed the Plaintiff's decision, which was then subject to another appeal.
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