resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Physical Examination in an Evidence-Based World
I have always had a fascination with physical examination procedures, particularly orthopedic tests. The origin of my fascination began just after graduation when I began the chiropractic orthopedics program.
Sacroiliac Joint Fusion: Where's the Wisdom?
We should be very skeptical of the purportedly less invasive version of the already defrocked sacroiliac fusion surgery, "minimally invasive" sacroiliac joint fusion; and concerned this procedure simply represents the device manufacturer's attempt to find yet another new market.
Acupuncture's Essential Role
Acupuncture should play a more prominent role in U.S. healthcare during and after this post-Affordable Care Act era when chronic care and population health management are key concerns for all healthcare providers.
CE Regulations Are Hurting Chiropractic
During my 35 years in the chiropractic profession, I have been forced to attend available continuing-education programs that were occasionally incredibly beneficial, but frequently not worth my time.
We Get Letters & Email
Our Medicare Challenges Aren't an Education Issue; Passion to Succeed: More Pivotal Than GPA?
Six Things Every Chiropractor Should Know About Opioids
An increase in addictions and deaths due to opioids has raised significant concern and media attention. We offer this brief overview on this important public health problem for the practicing chiropractor.
Case Study: 2-Year-Old Suffering From Urinary Reflux
A19-month-old female child presented to my office for treatment. Her mother reported the child had been diagnosed with urinary reflux and associated urinary tract infections, recurrent bouts of otitis media and inability to sleep.
Forward Head Carriage and the Feet: What's the Connection? (Pt. 2)
Clinical evaluation of standing posture using relatively low-tech tools has been confirmed as valid and reliable by several studies. The original device used to evaluate posture was the plumb line, which served as a reference line for the effects of gravity on body alignment.
The Most Important Vitamin You've Never Heard Of: K2
Imagine if one in every three patients who walked through your door was afflicted with a debilitating, yet completely preventable and treatable disease.
News in Brief
F4CP MEmbership Milestone Reached; ICA Challenging New California Vaccine Law; TCC Names New President; New Provost at UWS.
Comparing Costs of Care: DCs, MDs or PTs - Who Costs More?
In a health care era where evidence is increasingly the benchmark for insurance coverage, patient care and even cultural authority, we get plenty of it courtesy of a retrospective cost analysis spanning 10 years, more than 660,000 "covered lives" and nearly 7.5 million claims from Blue Cross Blue Shield of North Carolina.
The Drug Epidemic: Are You Guilty, Too?
Attention-deficit / hyperactivity disorder (ADHD) has become epidemic among children in the United States. According to the Centers for Disease Control and Prevention (CDC), the percentage of school-aged children diagnosed with ADHD has grown from 7.8 percent in 2003 to 11.0 percent in 2011.
Dealing with a Pain in the Butt
The patient came into my office with the classic antalgic stoop. She was bent over almost to ninety degrees, leaning on her husband for support and staggering to walk. She had been under supportive care for a long time, but this new pain scared her.
Putting POLITE Into Practice
First came the acronym RICE (Rest, Ice, Compression, Elevation), which eventually became PRICE (Protect, Rest, Ice, Compression, Elevation). Then in 2015, we started hearing POLICE (Protect, Optimal Loading, Ice, Compression, Elevation).
Patience vs. Patients
How long have you been in practice? I began my journey more than 20 years ago and opened my first acupuncture clinic in 2008. Just like you, I've learned a lot over the years. Recently, I sat in an interview and was asked what made me successful.
NBCE Fumbles Computerized Testing Process
Imagine being a student again, about to take one of the four tests required to become a doctor of chiropractic. You've studied almost nonstop for the past few weeks. You can feel your anxiety level rise as you sit down in front of the computer screen.
Letter to the Editor
On December 7, 1999, the U.S. FDA reclassified the status of acupuncture needles from class III (investigative devices subject to investigative device exemptions...) to class II (special controls).
Why We Need to Fix the Mechanoreceptors (Part 2)
The muscle spindle, a particular type of mechanoreceptor, is located deep within the muscle belly, encapsulated in fascia made up of intrafusal fibers, all within the extrafusal muscle fibers.
Infertility: Managing Irregular Menses
Infertility is an area where Chinese medicine is particularly helpful. In the main, in women below the age of 38 without organic disturbance, the success rate using TCM (Traditional Chinese Medicine) should exceed 85%.
HVLA Technique: Addressing Myths
In the annals of chiropractic history and literature, and in the imagination of the public, there is one manual adjusting technique that can produce a wide range of responses, both from patients and casual observers.
Concerns Regarding CDC Guidelines for Pain Management
In response to the epidemic rates of opioid and heroin addiction, the Centers for Disease Control and Prevention (CDC) set new guidelines for physicians regarding treatment for pain.
Acupuncture Earns BLS Unique Code
The United States Bureau of Labor Statistics recently announced that acupuncturists will have their own unique occupational code in the 2018 BLS Handbook. The new Standard Occupational Code (SOC) is 29-1291, will be included in the next edition of the BLS Occupational Handbook, which will be published in 2018.
University of Bridgeport Acupuncture Students Make Rounds at Sisters of Notre Dame
Nuns are not stereotypical acupuncture patients, Dr. Jennifer Brett acknowledges with a laugh. But then again, acupuncture has gone mainstream, just like cappuccinos and recycling. "It's changed a lot from the '70s and '80s," said Brett.
The Lung Official
The Lung is known as the "Official Who Receives the Pure Chi From the Heavens." The act of breathing in, known as inspiration, brings oxygen into the body from the atmosphere. Each exhalation or expiration removes and releases carbon dioxide, a waste product of the body, into the atmosphere.
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.