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Sue Happy
So, this is stemming from the discussion about SOAP notes. I have to ask: How many of you have had your notes "sued"? During my initial training we were informed that we would all be sued at least one time in our massage careers. This instilled a measure of fear and has had me dutifully filling out SOAP notes on every client I have ever put my hands on. While this is a good practice and should be done regardless, I think I could do with out the fear. Were you also so inspired? Please let us know!
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Replies to This Discussion
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Permalink Reply by Laura Allen on
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I have not personally been sued. I HAVE been asked to appear as an expert witness on behalf of a woman who was suing another therapist, several years ago.
Her attorney sent me a massive pile of papers to wade through. She was claiming that the therapist broke her clavicle when she was lying prone by working under her scapula.
As I started reading through all the paperwork it was obvious to me that the woman was doctor-shopping for someone who would agree with her that the therapist had done the damage. Buried in the midst of about 600 pages, I found a statement from her own family physician that stated a prescription drug she was on caused brittleness of the bones and that the break could have happened spontaneously without any pressure at all.
The therapist had only been licensed for a few months and was insured with AMTA. I did a little research and found out that at the time, about 2% of the membership had been sued. Of that 2%, about 6% had been found at fault. The average payout to the complainant was $6000. The insurance company was actually offering this woman $30,000, and she was turning it down...one of those people who thought she was going to get a million bucks.
I called her attorney and told him that I was assuming he wanted me to be brutally honest, and that if I was going to testify on behalf of anyone it would be the therapist, not his client. I informed him of the research I had dug out and told him she better take the $30,000 and run. She did.
I also had a friend and fellow MT who was sued...the client was threatening she had caused him to have a ruptured disc. He lost the case. He didn't have any evidence that it wasn't ruptured prior to him receiving massage from her, but he managed to make her life a living hell for about a year while it was waiting for trial...he harassed her all the time to the point she had to get a restraining order against him.
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Permalink Reply by Gloria Coppola on
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Marissa,
I have never been sued either, but have had to supply SOAP notes to attorneys for legal cases.
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