resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Viewpoints: Massage Reduces Nonspecific Shoulder Pain, Improves Function
While seemingly universal, pain and stiffness in the shoulders can be a significant cause of disability. Often a pain that does not go away on its own, shoulder complaints tend to linger, sometimes for 12 months or longer.
Synergy Doesn't Happen in Silos: Acupuncture in Hospitals and Other Healthcare Settings
As acupuncture and traditional East Asian medicine continue to intersect and integrate with biomedical approaches, the conversation about integration expands and becomes richer.
A Well-Kept Secret: 5 Element Acupuncture, Part II
Supervising acupuncture interns at a TCM college, it has always struck me how funny it is to hear the clinic manager tell the patients that the Five Element clinic specializes in treating emotions, as if patients with physical pain have no emotions!
An Excerpt from TCM Case Studies: Pediatrics
This excerpt is reprinted with permission from Jamie Wu. TCM Case Studies: Pediatrics was released in 2014 by People's Medical Publishing House.
What Do You Know About Physician Compare?
Physician Compare is a website that allows consumers to search for and obtain information about physicians and other health care professionals who provide Medicare services.
The Way We Are Designed: A Conversation with Gil Hedley, PhD
I was first introduced to the work of Gil Hedley by Tom DiFerdinando. He gifted me Gil's DVD series.
TCM Congress in Rothenburg is Largest in Western World
In the medieval town of Rothenburg, deep set within the Bavarian countryside in Southern Germany, the TCM Kongress Rothenburg each year draws around 1.200 participants from more than 40 different countries to attend the biggest TCM conference in the Western world.
There Really is No Room for Sexism
Recently, Matteo* (a transgender male) approached me during a break in an advanced shiatsu class in Berlin where he was one of two men in a group of 20 women. "Pamela. Don't forget to remind the translator to include male endings."
Treating GERD and Incontinence: Focus on Trigger Points
Gastroesophageal reflux disease (GERD) is defined as the regurgitation of stomach acid in the esophagus. Previously, it was thought that GERD was caused by a hiatal hernia, but recent trials suggest the cause is an inability of the hiatal sphincter to contract normally.
The Need for a New Medical Model: A Challenge for Biopsychosocial and Ecopsychologica Medicine
Chinese medicine speaks of alignment between humans, heaven and earth. It is a complex view with a focus upon relationship. These are comprehensive ideas with no specific terms in contemporary medical practice.
Recreational Cannabis Use and TCM
Many people are drawn to cannabis for its effects physically, mentally and emotionally. Medically, cannabis has some legitimate uses, however the scope of this article is limited to the recreational use of cannabis.
News in Brief
ACA Exec. Vice President Out, Acting EVP In; F4CP Executive Director Retires; New ED Named.
Striking a Blow to the Medical Monopoly
The U.S. Supreme Court has issued a landmark ruling in North Carolina State Board of Dental Examiners v Federal Trade Commission.
How We Can Help the Injured Brain
The majority of patients with mild traumatic brain injuries recover within seven to 10 days. If concussion signs and symptoms continue beyond seven days, the diagnosis changes from acute concussion to post-concussion syndrome.
The Dietary Supplement Research Dilemma
I do not care what the truth is, one way or another; I just want to know it. And when it comes to dietary supplements, the truth can be hard to find for a number of reasons.
Will You Be an Amplifer or a Mute?
These times are changing, and changing quickly. There have been many challenges to this profession throughout the past few years. The challenge is to talk, then talk and talk some more about this medicine.
Keep Seniors Safe: Age-Proofing the Home
I want to give Dr. Claudia Anrig kudos for her Dec. 1, 2014 column, which highlighted safety issues youngsters might encounter in the home.
God and the Chiropractor
My wife went to church last Wednesday night and brought home a CD of the pastor's message. As she handed it to me, she said, "You should listen to this; you'll like it." Our family regularly goes to church and our faith plays a major role in our lives.
Older Patients, Stroke Risk and Manipulation
The first population-based study in the United States to evaluate stroke risk following spinal manipulation – and the first involving older adults – suggests that "[c]hiropractic cervical spine manipulation is unlikely to cause stroke in patients aged 66 to 99 years with neck pain.
Treating Beyond Pain
More often than not, when a patient presents to the office, it is for a pain complaint. Headache, neck pain, low back pain, sciatica, carpal tunnel... The pain is often the focus of the patient's mindset, and they don't often have any thought of what comes after the pain.
Converting More Patients to Your Practice
In 2013 and 2014, the theme was "the money is in the list." This meant that if you had a big email list, you were really making some "cha-ching." Unfortunately, having thousands of emails doesn't equate to thousands of dollars in profit.
Pain Is Only a Piece of the Puzzle
More often than not, when a patient presents to the office, it is for a pain complaint: headache, neck pain, low back pain, sciatica, carpal tunnel, etc.
Joint Supplements for Athletes (Part 2)
A fairly recent discovery in nutrition supplemental medicine has proven to be a breakthrough in maintaining athletic joint health. Research suggests a combination of undenatured type-II collagen and tetrahydro-iso-alpha acids helps revitalize joint function and performance in athletes.
October, 2008, Vol. 08, Issue 10
Claims of Commission
By Dixie Wall, Contributing Editor
In pursuing a career in alternative health as a massage and bodywork practitioner, one usually does not consider being sued for professional malpractice. A lawsuit against you or your practice is sometimes unimaginable, but surprisingly enough, it can happen.We live in such a monetary-driven and litigious society that claims may still occur. Being sued for malpractice can result in repercussion not only at a professional level, but on a personal level as well. What are the most common claims against massage therapists and how can we avoid them? What preventative steps can we take to keep us from being affected at either the professional or the personal level?
Malpractice and/or liability claims are generally categorized into malpractice, criminal or civil. Malpractice includes acts of commission and acts of omission. Commission acts are unintentional or intentional acts performed by a therapist that result in some type of harm to the client. Acts of omission involve a failure to refer clients out when indicated or some type of missed assessment in initial treatment of client. These acts are more common among primary care physicians such as a doctor, chiropractor or acupuncturist.
Criminal suits are usually claims that involve some type of illegal implication and ramification related to unprofessional illegal conduct. You should be aware that most malpractice insurance policies do not cover you for these types of lawsuits. These illegal acts are usually excluded in malpractice insurance policies. According to the Medical Council of New Zealand, criminal acts range in severity. The lowest level is nonphysical contact and involves the use of inappropriate, disrespectful or demeaning language. More serious misconduct involves the use of inappropriate touching and/or draping techniques. The most severe acts involve engaging in a sexual act with a client. When any type of sexual misconduct takes place, the issue is no longer in the realm of malpractice, but now becomes a criminal issue. This long-standing issue is very controversial and will be discussed further in future articles.
This month, let's discuss acts of commission, which can further be defined as any harm resulting from a failure to perform a degree of learned skills ordinarily possessed by reputable massage and bodywork professional. Before I go into detail about the most common commission-type claims, I want to emphasize the importance of attaining and upholding professional liability insurance. Malpractice liability insurance protects therapists by providing for legal needs in the event you are named in a lawsuit. Liability insurance is mandatory to satisfy licensing requirements in states such as Massachusetts, Missouri, South Dakota and Wisconsin, and even in some local permitting regulatory agencies in California. Spas, clinics and other places of employment will typically require therapists (whether independent contractors or employees) to carry insurance in order to protect themselves and their customers. There are several different associations and insurance companies that offer liability/malpractice insurance policies. Policy terms and amount of coverage are generally standardized. Price varies according to membership benefits.
According to the president of the American Massage Council, Phil Stump, the most common claims involve an act of commission in treatment that resulted in physical injury to the client. A majority of these claims involved burning or bruising to the client. Other common claims involved some type of injury to the neck, ribs, and thoracic or lumbar spine. Here are some examples of recent claims and tips to avoid this from happening in your practice:
Client who is injured by burns:
Client who is injured by bruising:
Claims involving injury of neck, spine or ribs:
Next month, we will discuss claim prevention through practice management and the significant value of establishing routine policy procedures. We will also discuss acts of omission, and the importance of staying within one's scope of practice. Ultimately, we are the creators of our own destinies by establishing and following our own professional standards. It is through these principles by which we conduct ourselves that the solid foundation of a lasting career can be set.
Join the conversation
Comments are encouraged, but you must follow our User Agreementcomments powered by Disqus
Keep it civil and stay on topic. No profanity, vulgar, racist or hateful comments or personal attacks. Anyone who chooses to exercise poor judgement will be blocked. By posting your comment, you agree to allow MPA Media the right to republish your name and comment in additional MPA Media publications without any notification or payment.