Anyone ever had a malpractice claim

[Sonal]

Has anyone ever had to use their malpractice insurance? Or gone to court with the insurance company to defend against a client complaint?Not to dredge up painful memories, but I would like to know how the process worked. Also, how have you handled unhappy clients who felt you made their problem/condition worse?I'm interested to know how this has been handled in case I have a similar situation in the future.Thanks

 

[MOON WILLOW]

Anyone ever had a malpractice claim

I have not had a malpractice or a complaint to that nature. My info to you is do you use a client sheet that asks typical questions. Where is the pain how much does it hurt 1-10 also get feedback from clients have them answer questions did they enjoy the treatment like dislikes. How would they rate your overall session. Have a space where they can sign it. Most of all take notes anything they say regarding their pain or what they like write it down! Hope this helps.

 

[agent4927]

Anyone ever had a malpractice claim

I've not heard of anything that has gone all the way to court but I do know a couple of therapists who have been "threatened" with a malpractice trial. One, the lady was extremely sore for a few days after her massage and wanted the therapist to pay for her chiropractor appointments. Turns out the lady was in extreme pain BEFORE the massage too and was already seeing a chiropractor for the injuries she claimed the massage therapist caused. That whole issue was dropped. The other incident, and this is what I've heard so I don't know the other side of the story...a guy was giving a woman a massage (she is also a massage therapist)and she claimed he got a little too intimate with her. This guy was one of the massage instructors at the school I went to and it sounds like she was just trying to scare them out of town. A lot of therapists in this area are very cut-throat. It never went to court but I do believe they both had attorneys involved. The lady didn't have any proof and the guy could have brought a lot of character references in saying he'd never do something like that. I wouldn't get too caught up in thinking about malpractice problems though. You manifest what you think about. If you feel like you are doing something wrong, change it now! If you are within your scope of practice and taking precautions, you should be okay.

 

[dadada]

Anyone ever had a malpractice claim

I agree with Sadiedawn, and also want to add that I think it's so important to do a client intake/thorough interview whenever seeing new clients. Each and every time I see a client of mine, I ask them 'how are you? are there any new issues in the tissues? Were you happy with the results after your last treatment? Please always let me know, because we can work any number of ways to reach our goals in our sessions. If we ever need to redefine our goals, let's make certain we take the extra time to discuss it so we're always on the same track.' That probably (and I do hope it) sounds very basic, but I have been so surprised at how many massages I have had where the therapist barely asked me anything beforehand. I had to initiate the health history conversations! Many of these people didn't know me from Adam (I check out the competition & spa-hop alot, so I can write the bodywork off on my taxes), let alone know that I was also a therapist. I really appreciate (as a regular bodywork client) having to fill out a client intake form, and I sincerely hope that those who ask me to do so actually READ them. Many, many of my new clients comment on how this is the first time they have been asked such & such, and they tell me that they appreciate the approach of interest, information gathering & agreeing on a plan of action together.That alone, plus keeping SOAP notes should protect any good therapist from fraudulent malpractice claims.Jill/Sagetherapist

 

[D-Tes]

Anyone ever had a malpractice claim

Hi Jill!I too am often surprised when I walk into a new massage experience and just basically hop on the table and we begin the routine without any paperwork involved. This has happened recently... no questions about my health... whew!Document, document, document...Deb

 

[Jessica G]

Yep, yep, and yep.Welcome back, Deb! I've been missing you!  Jill/Sagetherapist

 

[Audrey Hepburn]

On Monday, Nov. 14th I saw a client for the first time. She is a CNA and referred to me by a friend of mine who works with her in a nursing home.
My friend had told her to schedule an hour appointment... but the client scheduled a half hour... which I don't normally do because it's such a pain for me to haul my table and supplies to the health food store I work out of across town. But because she was referred by a friend of mine, I agreed to do a half hour session though told her to plan on it being more like 35-45 minutes... after doing the paper work.
Client was late in arriving (her husband dropped her off).
Client presented with shoulder, back and foot pain... though she'd been told to highlight the top one or two areas on my health intake form... she highlighted three for this half hour session.
She told me she'd had a massage previously, but that it had been over a year ago. Knowing that it had been so long ago, I suggested we start with the arms, and I would massage them first so that she could get used to my touch... (I encourage feedback from my clients.)
I quickly worked on both arms, her neck, both feet, her lower back and her shoulders in about 40 minutes. I didn't want to do any specific work as I wanted her first massage with me to be very enjoyable and I did not have time to do any deep work with all the areas she wanted me to work on.
After the client had dressed I returned to the room and she expressed immediate interest in setting up another appointment... possibly for Wednesday (48 hrs later), or the following Monday (the 21st). However, she seemed quite perturbed that she didn't have her work schedule with her. So I suggested she call me the next day (Tuesday the 15th) to schedule something for either day. The client agreed.
She did not call until Wednesday the 23rd... and got my voicemail... and I called her back within an hour. Client's voice sounded worried and hestitant.
She said she'd been having arm pain, and had I noticed anything unusual? I said no. She then said she'd went to the Doctor and had an MRI but he'd been unable to find anything.
She said she'd missed a couple days of work, but that she'd worked Tuesday night and it had gone, "Ok, I guess."
She then asked if I had malpractice insurance!
I said, Yes. (It's required to be Certified in my state.)
She then asked me if I knew how she should go about making a claim!
I said, I had no idea, since it'd never come up before... that I'd have to do some research.
She said she wanted to get it handled before Thanksgiving.
(I sort of wondered What she wanted to get handled, but didn't ask I was so stunned. *shrug* And why there was a deadline on her part, for that matter.)
When she asked again about making a claim, I told her I felt she would need a diagnosis before she could make any kind of claim. And something from the Dr.
(Honestly though, it was 10 days before she contacted me, and I believe almost a week before she saw the Doctor. Assuming she did in fact go to the Dr and have an MRI. *Shrug* She could have gotten hurt shoveling snow, or at work... I just find it highly unlikely that it was the massage!)
Any suggestions? Guess I'll take advaneforum.xxxe of my quiet afternoon here to go look up my AMTA membership info and get ready to call them tomorrow. :roll:

 

[Tinkerbell]

To be sued for malpractice it requires an element of neglect and patient injury.

Here's some web definitions:

A physician's deviation from the applicable standard of care that a similar physician would exercise under the same circumstances.
http://www.cliffordlaw.com/glossary/

Improper care or treatment by a physician, hospital, or other provider of health care.
http://www.dsayles.com/termsm.htm

Sometimes referred to as medical negligence, it applies to doctors, hospitals, and other health care professionals. As with general negligence, it describes conduct that deviates from a reasonable standard of care. It is usually necessary to prove that deviation by the testimony of expert witnesses in the same field of practice in which the health care worker was engaged at the time of the incident.
http://www.bobschuster.com/legal_terms.html

When a healthcare professional treats a patient with substandard care, resulting in serious physical injury or death.
http://www.new-york-medical-malpractice-attorneys.com/glossary.shtml

Medical malpractice is a broad term which covers both the public perception of adverse events during medical care, and a legal definition of negligence.
en.wikipedia.org/wiki/Medical_malpractice

Personally from what you have said, it doesn't sound like she has a case at all. Being a CNA she should realize this.

If anything she probably is having some spasms causing more arm pain.

Good luck with this. I feel for you.

 

[carolinexdrofl]

Cyber-twin - I am sorry this is happening.

I agree with Talenyn that she has no case. That would probably be what anyone would tell her. She waited to long and is looking to take advaneforum.xxxe. 10days! She could have done plenty of things between her appointment with you and the time she called that would have caused her pain. I highly doubt it was the massage at all.

I can find no instance from your side that the treatment involved injury or neglect.

So sad she is so quick to blame you about it. :roll:

 

[Maggiegirl]

Any suggestions? Guess I'll take advaneforum.xxxe of my quiet afternoon here to go look up my AMTA membership info and get ready to call them tomorrow.

My suggestion, don't talk to about "what she should or shouldn't do". Call the AMTA and let them know what has happened, so that they can give you further advice.

They will know if you should say another word ot her or not. I would assume they will tell you to give her their number and that is it.

Especially DO NOT volunteer anything to her until they tell you what is required.

I am very sorry you are having to deal with this. Please know I am thinking about you. PM me, if you want and we can talk more, in case I have any "brain farts" about this particular subject.

 

[ipnez]

Malpractice Claim

Sorry to hear about your problem. I went to a lecture this year on massage and healthcare- I live in California. The stats on massage claims vs. chiropractic and accupuncture were impressive.
**I've removed these at the request of the moderator, PM me for stats.
For the # of claims per 100 people:
MT= 0.2
DC= 2.6
LAc= 2.0
So, there is a really low perceneforum.xxxe of claims filed and $ rewarded. The AMTA should help you- they only shut off your insurance if you're convicted of sexual misconduct or perform service outside your scope.

I hope this helps,

Rubmyster

 

[brosnanyuen]

My suggestion, don't talk to about "what she should or shouldn't do". Call the AMTA and let them know what has happened, so that they can give you further advice.

They will know if you should say another word ot her or not. I would assume they will tell you to give her their number and that is it.

Especially DO NOT volunteer anything to her until they tell you what is required.

T-G, I Will be calling the AMTA's professional liability insurance people, because I definitely want to handle this right. I will not accept another phone call from her should she decide to call before I learn from the AMTA how to properly handle the situation.

Thanks Rubmyster, I appreciate your sharing that information regarding how rarely clients win malpractice claims against massage therapists.

I agree that it's unlikely that this client could win a claim against me claiming personal injury. And I, in no way touched or spoke to her inappropriately... nothing could be construed as sexual misconduct.

And maybe the AMTA's professional liability services people could help... however, they're apparently taking a few extra days off... *sigh* There's no information about when they'll be coming back to work. I can only hope it's Monday! :roll:

In the meantime I've located my AMTA membership information, and my certificate of insurance, and on the back there is a "Claims Handling Procedures" section. So, I'm documenting everything I can and preparing it to have it ready to send out on Monday morning should they think it wise to send them documentation on it (even if nothing other than her phone call ever happens). How does that saying go?
Forewarned is forearmed? t027

Honestly, I've been very out of sorts since this happened. Thank goodness I've only seen a few clients, and none of them have been new. Because yes, the stress is affecting my work. I just can't be as "present" and "grounded" as I'd like to be with this occupying my mind.
And my self-esteem, both personally and professionally... is, of course, shot to hell. *sigh* t074

 

[SunNeko]

Anyone ever had a malpractice claim

WOW!!! Well, I'm sure you are documenting every detail. When injury occured, when she saw you, who else she saw, if anyone for treatment or dx. , what she tried to do to relieve symptoms, your work on client, if you did any ROM to arms/shoulders it was just within your scope of practice and client comfort level. This is really awful! I feel terrible for you. One peson can really suck the life out of you!

 

[Destrucity]

Anyone ever had a malpractice claim

I am so sorry that you have to go through this. It seems no matter how good our intentions are, someone will always find a way to try to enforce their agendas. It doesn't sound like she has any evidence whatsoever to use against you, but I can certainly see how this would occupy your mind day and night and affect your health. I hope you can focus on all of the people who have praised your work in the past, to help you see that you are worthy and competent. I hope this will be put behind you soon and that you will be able to take something positive from a negative experience. I wish you all the best.

 

[headz2ray]

Because yes, the stress is affecting my work. I just can't be as "present" and "grounded" as I'd like to be with this occupying my mind.
And my self-esteem, both personally and professionally... is, of course, shot to hell. *sigh*

t056

 

[HTMLfreak]

Nancy, hope you get some answers & support soon. I think you're doing the best you can - documenting and all- and stick to your instincts & others' good advice about not speaking to this person again before more is clear.

Remember who you are, and don't let someone else's colors/attributes/actions define YOU.

((holding you up, so your esteem can build))

Hang in there.

Jill/Sagetherapist

 

[Nightnurse]

I'm very sorry to read about this Nancy. I hope you are able to get answers from AMTA and they are able to help you handle this situation.

 

[mamaw2305]

Ok, well, for the future edification of anyone who is involved in this sort of thing...

There's a "Claims handling procedures" on the back of your "certificate of insurance" and basically you just do what it says there. You can fax it to them or you can send it "snail mail."

Since I've received no official notification that this client has seen a lawyer about this, we both feel it's good for me to send in my side of what happened and get a "claim number" in motion for me anyway.

In addition, I'd like to point out that when she filled out my health intake information she also signed giving "informed consent."

She may not decide to go to the expense of hiring a lawyer and trying to persue this malpractice thing in court... especially since everyone has said they feel she has no valid claim. But as much as possible, I'd like to have my gluteus maximus covered. LOL

 

[ironpony521]

She said she wanted to get it handled before Thanksgiving. (I sort of wondered What she wanted to get handled, but didn't ask I was so stunned. *shrug* And why there was a deadline on her part, for that matter.)

Nancy, first I want to say that I'm very sorry you have to deal with this, and wish I had some sage advice for you (not so much legally but personally). Second, I find this statement of hers to be very sketchy!! t104

 

[mommy dreamer]

Sounds like she is hoping for some Christmas spending money...

Hang in there and know that this shall pass. Breathe. Breathe. Breathe.

t002