Lost A Sale, But Initial Phone Consultations — A Big Part Of Brilliant Customer Service
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Chiropractic Care and Risk of Stroke: The Shoe Moves to the Other Foot
For decades, numerous papers have linked upper cervical chiropractic care to the incidence of vertebral artery dissections and stroke.
7 Reasons You Want a Beacon in Your Office
Have you heard about how "beacons" are transforming the way businesses interact with their customers? Beacons are low-energy Bluetooth devices that have the ability to send information to a smartphone app.
Reverse Digit Span: A Useful Assessment Tool for Patients With and Without Concussion
Reverse digit span is an easily administered test of attention span. It is a component of the SCAT3 test, which is frequently used to assess concussion. It has been part of the armamentarium of cognitive assessment for many years.
Research: Know What You're Talking About
Have you ever seen a patient in your office with multiple serious health problems you weren't sure exactly how to address?
Adding Microneedling to Your Clinic for Results and Profit
Microneedling has taken the beauty world by storm over the last 10 years. Under the names dermaroller, microneedling or skin needling you will see these treatments listed in the services of nearly every fashionable beauty salon and day spa in the country.
Looking Back: Abstracts From Chiropractic History (Summer 2015 Issue)
The following abstracts are reprinted with permission from Chiropractic History, the official journal of the Association for the History of Chiropractic. Chiropractic History is the leading scholarly journal of the chiropractic profession dedicated to the preservation and dissemination of the profession's credible history.
Exercise Recommendations for Healthy Aging
Aging is inevitable, but how you age is not. Common physical signs of aging include decreased muscle mass, decreased muscular power, increased body fat, and decreased aerobic (lung) capacity.
Can Acupuncture Treat Knee Pain?
Recently, an article in the Journal of the American Medical Association concluded that, "neither laser nor needle acupuncture conferred benefit over sham for pain or function" among older chronic knee pain patients.
The Integrative Medicine Puzzle: Putting the Pieces Together
The conversation is changing in the broader healthcare community with patients actually moving the discussion toward more integrative topics. Patients today want to know their options.
Are You Making the Wrong Impression?
Taking a page from Stacy and Clinton of The Learning Channel's hit television program, "What Not to Wear," we recently published an article in the summer issue of Chiropractic History: The Archives and Journal of the Association for the History of Chiropractic, that explores the evolution of physician attire from prehistoric times to the present.
Merger Creates New Model of Care
Two San Francisco powerhouses of holistic healing, the American College of Traditional Chinese Medicine (ACTCM) and California Institute of Integral Studies (CIIS), are merging. Together they are building a visionary approach to applied integral health.
Melatonin: A Promising Natural Agent in the Prevention of ALS
A number of years ago, experimental studies suggested melatonin could block key steps in the development of Alzheimer's disease, primarily by acting as a brain antioxidant and inhibiting the build-up of beta-amyloid plaque in the brain.
Medicine as Metaphor
The practice of medicine is both an art and a science. We study and learn the system so that when the time comes to apply it, there is a greater possibility of successfully helping others.
The Source-Luo Point Combination, Part 3
Dr. Nguyen Nghi (NVN) was born in Vietnam and is one of the most important scholars, writers, teachers and practitioners of modern time. Many of his theories and applications are the source of modern teachers from Europe and the United States.
The Winter of Life: A Personal and Chiropractic Practice Perspective
Last November, my wife and I invited an elderly relative, Uncle Josh, to spend the winter with us. He was 82 years old at the time and turned 83 during his stay. As soon as he accepted our invitation, we began preparing.
The Art of Creating a Healing Space
I always advise my graduates to examine their group practice or treatment rooms with fresh eyes after they leave my CE workshops. I tell them, "Ask yourselves - is your space qi filled, welcoming and healing? Or is it cold and clinical?"
Abdominal Acupuncture for Eye Healing: The Sacred Turtle and Ba Gua Map
Our ideas about western medicine have shifted in recent decades, while the public is asking more from health care providers.
Online Marketing Basics: Google Ranking, Part 1
We all know there is so much opportunity with online marketing. And, let's face it, if you don't have a presence online with a website and social media, you are probably not where you want to be.
The Roots of TCM in Depression Treatment
In traditional Chinese medicine, there is historical precedent for the treatment of so-called "Shen" (Heart-Mind) disorder, or disorder/dysregulation of the spirit, which is also considered as distinct but not separate from the cognitive function of the brain.
Colon Health and TCM
I still remember many years ago, the loud "Yuck" from my wife at the time when we were together watching the Chinese movie "Last Emperor."
Exploring and Learning from the Gift of Life
I'm grateful to have had the opportunity to teach cadaver dissection classes and workshops with Stephen Cina at the New England School of Acupuncture over the past seven years, first through the Sports Medicine Acupuncture Program and later as a NESA elective course.
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.
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