Acupuncturist malpractice, like other forms of medical malpractice, involves a healthcare provider deviating from accepted standards of practice, resulting in harm to a patient. This could be due to a variety of reasons, such as incorrect application of acupuncture techniques, inadequate sterilization leading to infections, or improper management of side effects.
Acupuncturists, like other healthcare professionals, are required to uphold a specific standard of care and can be held liable for professional liability if they fail to do so.
Improper Needle Insertion
One of the most common examples of acupuncturist malpractice is improper needle insertion. This can occur if the acupuncturist inserts the needle too deeply or at an incorrect angle, potentially puncturing organs, arteries, or nerves.
For example, an acupuncturist who incorrectly inserts a needle in the chest area could potentially puncture the patient’s lung, leading to pneumothorax, a condition that can cause severe breathing difficulties and requires immediate medical attention.
Inadequate Sterilization
Acupuncturists are required to use sterile, single-use needles to prevent the spread of infections. If an acupuncturist reuses needles or fails to properly sterilize them, this could lead to serious infections. For instance, a patient could develop a severe skin infection (cellulitis) or even a systemic infection (sepsis), which can be life-threatening if not treated promptly.
Ignoring Contraindications
Certain conditions or circumstances may make acupuncture inappropriate or risky. These contraindications might include pregnancy, certain skin conditions, or blood clotting disorders. If an acupuncturist ignores these contraindications and proceeds with treatment, they could cause harm.
For instance, specific acupuncture points are contraindicated during pregnancy because stimulating these points could potentially induce labor.
Failure to Obtain Informed Consent
Patients have a right to understand the risks, benefits, and alternatives of any procedure before giving their consent. If an acupuncturist does not adequately inform a patient about the potential risks of acupuncture treatment, they could be held liable for any harm that results.
For example, a patient might have chosen not to undergo acupuncture if they had been informed of the risk of nerve damage and the availability of alternative treatments.
Inadequate Follow-Up or Aftercare
Aftercare is crucial in any medical treatment, including acupuncture. If an acupuncturist does not provide appropriate aftercare instructions or fails to follow up with a patient who reports post-treatment complications, they could potentially be liable for any resulting harm.
For instance, a patient might suffer prolonged pain or injury if they were not correctly instructed to report symptoms of infection or were not adequately monitored after a treatment session.
In each of these cases, the acupuncturist’s failure to adhere to standard professional practices could lead to serious harm, forming the basis for a malpractice claim.
What Is the Standard of Care for an Acupuncturist?
The standard of care for acupuncturists involves following the practices and procedures that a competent acupuncturist would employ in similar circumstances. This may include correctly diagnosing a patient’s condition based on their symptoms and medical history, choosing appropriate acupuncture points, using sterilized needles, and monitoring patients for adverse reactions. It also involves obtaining informed consent from patients before any treatment.
Correct Diagnosis and Treatment Planning
This involves an acupuncturist correctly identifying a patient’s health condition based on the provided symptoms, medical history, and, sometimes, physical examination. For instance, if a patient presents with chronic lower back pain, the acupuncturist should perform a comprehensive assessment that may include questioning about the nature of the pain, any associated symptoms, and other relevant medical history. The acupuncturist then formulates a treatment plan tailored to the patient’s specific needs.
Failure to do so could result in inappropriate treatment, worsening of symptoms, or unnecessary risk for the patient.
Selection of Appropriate Acupuncture Points
An acupuncturist should know and use the correct acupuncture points for a specific condition. Using wrong or inappropriate acupuncture points may lead to the inefficacy of treatment or could potentially cause harm. For example, an acupuncturist treating a pregnant woman should avoid points that, if needed, could induce labor prematurely.
Use of Sterilized Needles
An acupuncturist must always use sterile, single-use needles to minimize the risk of infection. This involves opening a new package of sterilized needles in front of the patient and disposing of them safely after use. If a practitioner uses non-sterile or reused needles, it can lead to severe infections.
Patient Monitoring
After performing acupuncture, the acupuncturist should monitor the patient for any immediate adverse reactions such as fainting, excessive bleeding, or severe pain. For example, a patient might have a needle phobia and could faint during the procedure. In such a case, the acupuncturist should be prepared to respond promptly.
Informed Consent
Before initiating any treatment, the acupuncturist should explain the proposed treatment, its risks, benefits, and any alternatives to the patient. The patient should be given an opportunity to ask questions and should not feel rushed or pressured into agreeing to the treatment.
For example, if the acupuncturist proposes electroacupuncture (a form of acupuncture where a small electric current is passed between pairs of acupuncture needles), the patient should be informed about the procedure’s nature, the sensation they might experience, the risks involved, and the potential benefits. The patient must then give their consent before the treatment begins.
These are just a few examples of how the standard of care applies in acupuncture practice. Adhering to these standards not only ensures patient safety but also maintains the integrity and professionalism of the acupuncture profession.
How Do I Prove Acupuncturist Malpractice?
A professional relationship is typically established through treatment records, appointment schedules, payment receipts, or any form of correspondence between the patient and the acupuncturist. For example, if the plaintiff kept their appointment cards or had email exchanges about treatment details with the acupuncturist, this could establish a professional relationship.
Deviation from Standard of Care
Proof of deviation from the standard of care might include evidence that the acupuncturist didn’t use sterilized needles, leading to an infection, or administered treatment at incorrect acupuncture points, causing unnecessary pain or harm. For example, if the acupuncturist used a non-sterilized needle, resulting in an infection, it could be deemed a deviation from the standard of care.
Patient Suffered Harm
The patient must provide evidence that they suffered harm. This could be in the form of medical records documenting physical harm, like an infection, nerve damage, or punctured organs. It could also include psychological harm, like PTSD if it resulted from the acupuncturist’s actions. For instance, if the patient required hospitalization due to an infection caused by non-sterilized needles, this could be evidence of harm.
Direct Causation
It must be proven that the harm was directly caused by the acupuncturist’s actions. For instance, if a patient developed an infection after acupuncture and medical records can trace the infection to the acupuncture treatment, this could establish causation.
Expert Testimony
Expert testimony often plays a critical role in acupuncture malpractice cases. An expert witness, usually another acupuncturist or a medical professional familiar with acupuncture, might be called upon to testify about the accepted standard of care in the field and how the defendant’s actions deviated from those standards.
For example, an expert might testify that the standard of care requires the use of sterilized needles for each new patient and that reusing needles between patients, as the defendant did, significantly deviates from this standard. The expert might also confirm that the type of infection the plaintiff suffered is commonly associated with non-sterilized needles, thereby reinforcing the causation aspect of the claim.
If I Have an Acupuncturist Malpractice Issue, Do I Need a Lawyer?
If you believe you are a victim of acupuncturist malpractice, you may need to consult a medical malpractice lawyer. Such a lawyer can guide you through the legal process, help gather necessary evidence, and represent you in court. If you’re facing this type of situation, LegalMatch can assist you in finding a qualified lawyer.
What if I am an Acupuncturist Facing a Malpractice Claim? Do I Need a Lawyer?
If you’re an acupuncturist facing a malpractice claim, consult with a professional liability lawyer. Defending against malpractice claims can be complex and stressful. A lawyer can help protect your rights, develop a defense strategy, and navigate the legal complexities associated with malpractice claims. You can find a seasoned liability lawyer who is well-versed in handling malpractice claims in your area through LegalMatch.
