Background
As a practitioner, you should be in the habit of requiring all your clients to complete certain forms prior to treating them. Three of the most important forms to complete are: 1) Patient Background; 2) Scope of Practice; and 3) Informed Consent. Combined, these forms both safeguard your liability and ensure the client has agree to and understands the type of services they are to receive. As well as being informative documents for both you and the patient, these documents serve to protect you and mitigate liability issues if they arise. This case study serves as an excellent example of the protection an insurance policy offers to you.

CUSTOMER CHALLENGE

An EMPA Member received a notice from the Texas Medical Board of a complaint from a family member of a client. This was followed with a summons from a medical board subpoenaing information claiming the practitioner was a medical doctor. This was extremely upsetting for the practitioner. This claim was submitted to the insurance company.

Background
Liability insurance prepares you for the unexpected and provides piece of mind. Sometimes claims against a practitioner can be small, and others extensive. This means your scope of financial responsibility can range from a small amount to a large sum which could even include attorney fees. Since you can never predict the scope of a claim made against you, you cannot be sufficiently prepared to handle the expense. You might think you could handle a small claim, but why guess and why put yourself at risk. That’s why a comprehensive insurance policy is important. It prepares you both for the small as well as the larger cases. Why apply any of your savings when a policy can take on the financial obligation. The following case addresses an issue that could happen at any time.

CUSTOMER CHALLENGE

This case involves a situation that could happen to any energy practitioner who uses lotion or oil as part of treatment therapy. While medical information can be provided on a client profile, you might not be informed about a medical condition that could affect a client’s reaction to treatment. Sometimes a client might not even know they have an allergy or sensitivity until a certain product is used on them. In these cases, a practitioner has done their part to know their client, however it is impossible to assess all variables when collecting health and medical information about a client. Such is the case with one of our insured practitioners who used a product that had almond oil in it. The client had an allergic reaction and had to go to the emergency room for treatment. The practitioner had taken all the appropriate steps in risk prevention with this client, but the unforeseen can happen any day. An insurance policy is made for this type of circumstance.

Background
Each year, more than eight (8) million people receive emergency room treatment for injuries sustained from slip-and-fall accidents. Common injuries sustained from slip-and-fall injuries include traumatic brain injuries, broken bones, spinal cord injuries, and torn muscles. Cases can involve medical treatment, lost wages and pain and suffering. As a practitioner, be aware of possible hazards on your property and be proactive about corrective actions. The financial impact of a slip and fall accident can range from minor inconvenience to massive liability, depending on the circumstances. Make sure you have adequate business liability insurance (General Liability) coverage for slip and fall accidents to cover any claims and legal cost.

CUSTOMER CHALLENGE

A claim was filed against an EMPA Member for injuries from a slip and fall claim; however, there were special circumstances about this claim as there were three defendants. After a workshop one of the attendees left the classroom and exited the building by way of an outside stairwell. There was snow or ice on the steps and the person slipped and fell. The story behind this claim is very interesting as the circumstances about the claim resulted in there being three defendants: our insured, the instructor of the workshop and the property owner where the workshop was held.

Background
Copyright claims in a holistic practice is uncommon. As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

CUSTOMER CHALLENGE

A claim was made for copyright infringement of an instructor teaching a modality/ or modified modality that they learned form another trainer. This claim included written material that was being used and a breach of contract to teach this material.

Additional Insurance Claim Examples:

There have been a couple incidents which never turned into formal claims.

However, they offer insight into the types of claims the insurance company handles on your behalf.

A professional liability claim occurs when a plaintiff believes the insured committed malpractice, negligence, or misrepresentation and files a lawsuit. One professional liability claim occurred when a plaintiff claimed slander, libel and other counts against a policyholder. There were expenses on this claim, so the insurance company was involved. However, a payment was never issued, and the claim ended up being closed.