resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
It's Time to Review
It is amazing to see the changes that are occurring in the acupuncture profession. Let's look at some of the news and events that have contributed to this growth and awareness.
Footsteps of the Sages: An Apprenticeship with Dr. Kezhan Zhang
When I met Dr. Kezhen Zhang in May 2013, I was his translator and the integrity, creativity, and passion he demonstrated as a practitioner and advocate of the medicine convinced me to travel to Beijing to study with him.
One Size Does Not Fit All: Exercise and Nutrition According to Your Yin/Yang Body Type
There are countless new exercise and nutrition plans out there, emphasizing the latest ground-breaking research and claiming to revolutionize the way we view health.
Your Billing Questions Answered
I hear a lot of the following questions: I am afraid I may doing something illegal. I have heard I cannot have different fees for the same service.
Making Sense of an Increasingly Obvious Conclusion
Where's U.S. health care heading? Like it or not, the list of telltale signs is growing to a point that stands out to even the most myopic observer. Consider this list of facts as you look into the future of health care in the United States:
Omega-3 Fish Oil: An Underappreciated Element of Men's Health
As a clinician with many male patients -- and as a man myself -- I am all too aware of the fact that we like to convince ourselves that we are doing great, when that may be the farthest thing from the truth.
Which Way is the Energy Going? Are You Burning Yourself Out?
One of the simple methods that I use to define Yin/Yang theory to patients is to ask the question, "Which way is your energy going?"
Tailor-Made Knee Pain: The Sartorius Muscle
A patient was referred to my office after receiving treatment from various providers with no results. The patient was training for the Olympics as a marathon runner and was unable to run or walk without severe medial knee pain.
Chinese Herbs and Pulmonary Fibrosis: A Case Study
"Mary M."* recently celebrated her 90th birthday. Even the former sheriff dropped by to kiss the hand of this diminutive retired teacher, to honor the years she interpreted for him during interviews with Latinas and Latinos.
Dietary Fat and Prostate Cancer: An Important Update
K.M. Di Sebastiano and M. Mourtzakis published a review paper examining the role of dietary fat on prostate cancer development and progression late last year that does a stellar job of summarizing the available data on fat and prostate cancer.
The Concussion-Subluxation Complex
In the Aug. 1, 2014 issue of Dynamic Chiropractic, I reviewed some of the literature demonstrating the role of the chiropractic adjustment in post-concussive care.
Too Many to Remember: Tips to Revive Your Ortho / Neuro Test Skills
When I was at Palmer in the mid-1980s, we were given a set of notes in one of our diagnostic courses. The notes covered approximately 70 orthopedic and neurological tests for various regions of the body.
Syncretism: Acupuncture and Public Health in Cuba
"Syncretism" is defined as a union of diverse tenets or practices. On a recent trip to Cuba designed to demonstrate the integration of Traditional Medicine and biomedicine, our group witnessed this union firsthand.
The Modern Application of Ancient Mei Rong
Chinese Medical Cosmetology (Mei Rong) has a well-documented and venerated history dating back to the Qin (221-206 BC) Dynasty.
Acupuncture and Oriental Medicine in the West
We know acupuncture and Oriental medicine as the indigenous medicine of East Asia; in particular China, Korea and Japan are the countries of origin of this wonderful healing system.
Diagnose Sprain Injuries in MVA Cases With Dynamic X-Rays (Pt. 1)
Am I the only person to notice hospitals are doing a seemingly insufficient job lately in their initial radiological workup of motor vehicle accident (MVA) victims?
Targeting the Bad Apples in the Bunch
While everyone was focused on the conversion to ICD-10, the Office of Inspector General for Health and Human Services released a new report on chiropractic titled "CMS Should Use Targeted Tactics to Curb Questionable and Inappropriate Payments for Chiropractic Services."
North Carolina Acupuncture Board Files Dry Needling Lawsuit
In early September, the NCALB filed a complaint against the North Carolina Board of Physical Therapy Examiners over the issue of dry needling, a form of acupuncture that uses solid needles to puncture the skin and muscle tissue to relieve pain.
Acupuncture Rising: From Acupuncture Anesthesia to Assisted-IVF, Part 2
Acupuncture's cultural and historical roots go back to the emergence of Chinese civilization. For more than 2,000 years, acupuncture needling has been continuously practiced on the largest population in the world.
F4CP Making a High-Impact Impression
The Foundation for Chiropractic Progress has released details of its 2016 strategy, certain elements of which are already in play. The strategy includes ads, posters and other resources available to all F4CP members.
Mechanism: Experimental Approaches to Understanding Acupuncture, Part 1
The clinical benefits of acupuncture are difficult to ignore, but also can be difficult to explain to a Western audience. For nearly 50 years, relentlessly inquisitive scientists and physicians have been working toward a conceptual model to explain acupuncture.
Pro-Con: Swaddling for Newborns
The practice of swaddling has been used for thousands of years and was popular until the 1700s, when it was slowly abandoned by many cultures that considered it old-fashioned or barbaric.
Born to Energize the Human Spirit: Recollections of Sig Miller
Sig Miller, longtime executive director of the Association of New Jersey Chiropractors (ANJC), passed away on Sept. 17 after a long battle with cancer.
March, 2003, Vol. 03, Issue 03
By Steve Capellini, LMT
Author's Note: The Spa Letters column features news, personality profiles, trends, and plenty of professional possibilities for LMTs in the spa industry. The style is epistolary, meaning the articles are letters to a fictional massage therapist friend of the author.
Danger! Red flag! After only a few months in the medical spa business, you're heading to a lawyer's office downtown to give your first deposition.This is definitely not something you envisioned back in those idealistic days when you were attending massage school, is it?
I know you're nervous about all the legal implications, but it's probably best to stay calm. Take this thing one step at a time. It's important for you to know people are on your side; they believe in you. It's great that Barbara, your fellow massage therapist at the medical spa, is on your side. When things get tough, it's easy to see who your real friends are, isn't it?
Of course, I'm on your side too, as always. I trust 100 percent that you had only the best interests of your patient in mind, even though she's now suing you - and the spa! Before you get caught up in the emotions of the situation, remember to focus on the facts first.
Fact: You were giving a cellulite-specific massage to a woman, using a technique known as Endermologie.® This technique employs two mechanical rollers and suction to effect the subcutaneous fat layers. The woman came to the spa for three treatments before she stopped and called her lawyer.
Fact: The woman signed up for this series of treatments of her own free will, and signed a waiver excusing the spa from liability.
Fact: The woman is blaming you and the procedure for creating a ping-pong-ball-sized indentation in the flesh of her right thigh. Yes, the depression is quite noticeable - you could rest a boiled egg there and it would not roll away. In tens of thousands of hours of Endermologie® treatments given worldwide, there has never been another recorded instance of this happening.
Fact: As a member of the American Massage Therapy Association, you have substantial liability insurance coverage. The owners of the medical spa are saying you should bear the burden of this lawsuit yourself, even though they, and the company that manufactures the Endermologie® machine, have more resources than you do.
So, what conclusions can you draw from these facts? First of all, I'd say your new bosses, the ones who promised you the stock options and the partial ownership of this "hot" new medical spa, should perhaps not be counted among your true friends. If they truly believed in you, they would be taking your side in this issue. The fact that they're distancing themselves from you, when you need them most, speaks volumes about their character.
Second, I'd say that regardless of what the woman claims, there's a good chance neither you nor the treatment caused her problem. Look hard, and I feel reasonably sure you'll find another reason. The fact that no other such case has been recorded should give you a clue. The woman feels hurt by this blemish on her body, and she is quite likely lashing out against the only source of the problem on which she can put her finger.
Finally, something definitely is going on here. The deformation of this woman's leg is real, and the situation should be addressed head-on. Even though it makes you nervous, you're doing the right thing by heading in for that deposition. When you talk to the lawyers, just be as upfront and communicative as you can.
What Does Liability Look Like?
I know it must be causing you a good deal of anguish to think that your actions (and perhaps even a lack of skill) caused physical harm to someone else. No matter how strongly I or other people might council you otherwise, there's still a part of your mind that will entertain doubts on the issue. So, let's explore your liability (or lack thereof) for a moment, and try to put your mind at ease.
You were trained by the manufacturers of the Endermologie® equipment on the device's use, and the mechanical massage maneuvers you performed could not possibly lead to the deterioration of this woman's muscle tissue. Still, let's say for argument's sake that a judge were to find you in some way liable. What would that mean? What does liability look like?
In my view, liability looks like the price you have to pay when you put yourself "out there" in an attempt to help people. If you had stayed at your position at the resort spa doing primarily Swedish massage and didn't learn cutting edge mechanical massage techniques like Endermologie,® chances are you wouldn't be in this situation now. However, you'd also be a different person. Sometimes, liability is the price we pay for being who we are. Responsible people are liable.
You should feel some small measure of comfort in the fact that you've had the courage to choose a path that is not always easy. When you put yourself into hands-on contact with the public, you're never sure exactly what's going to happen. It will always be this way.
I think the most valuable lesson you can take away from this experience so far is this - you have a good friend in Barbara. She's standing by you, even when it would be much easier for her to side with the spa owners, or at least to distance herself from you in this matter. Remember, I mentioned in an earlier letter that I thought the real reason you were working at the medical spa wouldn't be revealed until a later date? Well, perhaps this is the real reason: You were meant to strike up a friendship with your fellow massage therapist. You two are already bouncing ideas around about possible other projects on which the two of you can collaborate.
Look for the secret gold in this situation, even when things look so dire right now. Spend more time with Barbara. Write me anytime. Hold your head up high and remember who you are: a therapist with integrity, skill and a sincere desire to do right by every client with whom you come in contact.
Talk to you soon,
Steve Capellini, LMT
Click here for previous articles by Steve Capellini, LMT.
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