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Hazards in the Environment Making Your Patients Sick
Working both separately and together, Western and Chinese medicine have many successes in the treatment of the myriad diseases that afflict human beings in modern times.
Not Another Typical Drug Company Lawsuit
It's becoming more common to see drug manufacturers negotiate "false claims" settlements for millions and billions of dollars.1-2 Most of these settlements have to do with violations in the marketing of the drugs they produce and sell.
The Acupuncture Success Express
Time is passing very quickly these days. We are atoms half the way through the year of the horse. You could call it "horse racing season" for this profession. Perhaps it is time for reinvention during this time.
Super Bowl Chiropractor
With opening night of the 2014 National Football League season only a month away, what better time to talk to Dr. Jim Kurtz, team chiropractor for the defending Super Bowl champion Seattle Seahawks?
Healing With Hope
Ella is a Gulf War veteran and a survivor of military sexual trauma. Like hundreds of veterans, Ella was on 11 different medications for depression, anxiety, insomnia, irritable bowel syndrome and chronic pain.
F4CP: New Campaign to Promote Chiropractic as a Career
The F4CP has announced a "targeted cooperative campaign" that will engage doctors of chiropractic and chiropractic students, as well as chiropractic colleges, chiropractic media, state associations and vendors, to encourage DCs to recommend a chiropractic career to patients, family and friends.
Deciphering The New CMS 1500 Claim Form
Q: I am confused on using the new 1500 form, particularly Block 14 and Block 15. What is required and how do I properly fill these out? And do I actually have to use this new form or may I continue using the old version?
Offline Marketing Techniques: Opportunities to Help Grow Your Business
In a world becoming increasingly dominated by connected devices, when we think of marketing, we often think of online and social media marketing. Considerable attention is given to Facebook and Twitter, as well as CPC [cost-per-click] advertising.
Medical Qigong for the Heart: Part II
Chinese Medicine is rich in commentary regarding the emotions and how they affect our qi.
Talking to Skeptical MDs: "Just the Facts, Ma'am"
The first lesson in public speaking is to know your audience. This is particularly applicable when talking to skeptical medical doctors about chiropractic. You have to understand where they are coming from and speak the language they understand.
Spotlight on Acupuncture Research at IRCIMH
Acupuncture and Traditional Chinese Medicine were well-represented at the International Research Congress on Integrative Medicine and Health (IRCIMH)- 2014 which took place in Miami from May 13–16.
Primary Lateral Sclerosis: A Condition With a Chiropractic Connection
Primary lateral sclerosis (PLS) is a slowly progressive, adult degenerative disease of the upper motor neurons characterized by progressive spasticity or stiffness. It is a clinical diagnosis that has been avoided because it is (largely) a diagnosis of exclusion.
Getting Athletes Back in the Game: Low-Level Laser Therapy for Sports Injuries
Sports injury rehabilitation is all about getting back in the game quickly and with optimal health. A relatively new tool for the treatment of sports injuries is finding global success, and it is doing so in a fast, efficient way.
Looking For Answers In Many Places
I am sure we have all heard the old adage: "When the only tool in your toolbox is a hammer, everything starts to look like a nail."
Looking Back: Abstracts From Chiropractic History
D.D. Palmer's Technique for the Posterior Apical Prominence; An Early Attempt to Achieve Consensus on Subluxation; Chiropractic Subject Headings: Past, Present and Future; Mabel Palmer: A History of Chiropractic That Almost Wasn't.
Inside Liver Failure, Cirrhosis and Cancer
The Liver belongs to Wood in Five Element Theory and is in charge of Dispersing and Expanding which means all the processing and detoxifying of harmful substances such as medications and chemicals require the efforts of the Liver.
The Gluteal-Knee Connection
The underlying causes of knee pain and dysfunction are rarely isolated to the knee. The knee is a relatively stable joint with limited intrinsic ability to adapt to aberrant motion.
Best Practices for Website Success
If one asked 10 years ago whether a website was relevant I was the first to suggest no. Yet as the world moves increasingly towards electronic information there is a dire need to have a website for your practice. Your website is actually your electronic calling card.
Post-Concussion Patient Care: Relevance of the Chiropractic Adjustment
There is a widespread understanding within the profession of the general guidelines for care of the concussion patient. These include guidelines for physical and cognitive rest, return to normal activities and so forth.
The Kidney Official
The Kidney is known as the Official Who Controls the Waterways. In Western medical terms, a major function of the Kidneys is to filter the blood. Every day, a person's kidneys process about 200 liters of blood to sift out about two liters of waste and excess water.
Healing With Simple, Healthy Food
When it comes to your health, there is no better way to take control and create positive outcomes than by focusing on diet and lifestyle. As chiropractors, you know the power that regular self-care has for your patients.
Resolving Medial Arch Suspicions: The Navicular Drop Test
Healthy feet have three distinct arches: medial longitudinal, lateral longitudinal and anterior transverse.
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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