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News in Brief
New President / CEO Takes Office at Yo San University. Electroacupuncture for Constipation?
A Q & A About Updated Codes
Yes, indeed there was an update to ICD-10 on Oct.1, 2016. This is a regular update to the diagnosis coding system and this type of update will occur every Oct. 1, just as it did when the ICD-9 system was in place.
A First for the Profession: CCE Accredits First Chiropractic Residencies
The Council on Chiropractic Education (CCE) has awarded accreditation to all five chiropractic residency programs currently administered at Veterans Administration facilities, "the first residency programs in the nation ever to be awarded this distinction, a significant advancement in the evolution of chiropractic education," according to a VA press release announcing the milestone.
Another Chance to Make a Difference
Just a few months ago, "the worst natural disaster to strike the United States since Hurricane Sandy" hit Louisiana. During this storm, one area experienced 31 inches of rain in 15 hours as almost 7 trillion gallons of water rained down in just one week across the state.
Can a Multivitamin Reduce Breast Cancer Recurrence?
There is a great deal of controversy regarding the value of multivitamin supplements in cancer prevention. However, with respect to preventing breast cancer recurrence, an important study was published in the Journal of Breast Cancer Research and Treatment in 2011 by Kwan ML, et al.
Branding: Set Your Practice Apart
Dr. Brad started his practice seven years ago on a shoestring budget. He created his generic logo in five minutes using a website because he didn't have the time to figure out how to make something special.
Little Sticker, Big Impact
It's the end of an election year. Hilary Clinton and Donald Trump were the subject of conversation for everyone, everywhere for the entire 2016 calendar year. I don't think any of us can deny that this election affected us all very deeply on a personal level.
End of an Era Looms at NYCC
New York Chiropractic College recently announced that Dr. Frank Nicchi will retire in August 2017 after 36 years with the college, the past 17 as president.
Herbs for Digestion: The Power of Bitter
Many cultures (and indeed herbal clinicians) around the world have long respected the role of bitter herbs and foods for promoting digestion. For example, aperitifs – drinks consumed before a meal to stimulate appetite and digestion – were originally derived from bitter herbs.
All Fiber Is Not Created Equal
Sometimes the best place to start is at the end. So, the conclusion of this article is that all fiber is good ... but some fiber is better. Let's break it down. There are two main types of fiber: soluble fiber and insoluble fiber.
DVT: Know the Signs and You Could Save a Life
I lost a friend several months ago. He died from a pulmonary embolism (PE) secondary to a deep-vein thrombosis (DVT) that originated in his lower leg. Bobby was in his mid-60s, soft-spoken and had a big heart.
What We Can Learn From Spine Surgery
Patients with lumbar stenosis presumably present for conservative care to improve their quality of life and avoid surgery. However, providing clear guidance to these patients can be difficult for a number of reasons.
Overuse Injuries in Young Athletes (Pt. 2)
Most overuse injuries are benign, but there are some high-risk injuries that, if unrecognized or inappropriately treated, can result in significant loss in time from the sport or even require leaving the sport.
2016: A Year in the Life of Acupuncture
Happy Holidays, may you, your family and friends have peace, joy and blessings throughout this special time of year. As 2016 comes to a close, we can look back and celebrate the many events and accomplishments for the profession of acupuncture.
Chiro School Reunion: Whatever Happened to...?
I opened the door to the closet slowly, carefully, since I knew it contained a large number of precariously stacked file boxes. It also held numerous outdated gizmos with electrical cords of various lengths that could trip or strangle a person.
A Simple Protocol for Holiday Stress
It's winter, a time when we should be deep in reflection, eating warming foods and sleeping long hours. Following nature's rhythms, we restore our bodies and minds in preparation for the renewal of spring.
6 Steps to Make 2017 Your Best Year Yet
People often ask me what defines success. Success, for me, is simple: doing exactly what you want to do in life. Whether it's the kind of practice you run, your life at home, your hobbies or something else, it's achieving anything you put your mind to.
Dedicated to Defending Chiropractic
Whether you're a veteran DC or a first-trimester student, the name George McAndrews should be part and parcel of your professional vernacular, as familiar as the word chiropractic.
Meshing TCM With Environmental Pediatrics: Where's the Overlap?
Pediatrics has a long history within Chinese medicine dating back to the late Han dynasty (i.e., the late 200s CE), with the two primary areas of emphasis being herbal medicine and xiao er tui na (pediatric massage).
Assessing Core Stability and ROM: 5 Basic Checks
One of the first steps in addressing core stability is assessing static posture, ranges of motion, and motion of the pelvic bones, sacrum, femurs, lumbar spine and thoracic spine.
Southwest Acupuncture College Brings It to Division 1 Athletes
When Michael Phelps' photograph with the distinctive round marks left by cupping went viral, the Division 1 student athletes treated through the Dal Ward Athletic Center at the University of Colorado (CU) could relate.
A Letter to the Profession from the New President at AAAOM
Volunteering for a national, nonprofit organization brings with it such highs, lows, and accomplishments, as well as a steep learning curve.
Molecular Motors: Tiny Machines Behind the Rhythm of Life
In the clinic, we aim to restore healthy patterns of movement for qi that has gotten trapped or misdirected, or may have even collapsed. We may be focused on freeing stagnation, releasing heat or redirecting counterflow qi, but it often comes down to helping re-establish a flow of sorts.
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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