Malpractice is defined as: Improper, illegal, or negligent professional activity or treatment, especially by a medical healthcare practitioner, lawyer, or public official. This is in direct contradiction to the oath we pledge as practitioners. What does this mean for our field? Ayurveda remains an unlicensed category of natural medicine. Education can come through many channels but has yet to have a cohesive and standardized global or national criterion.
Some of the questions facing us are:
What types of harms might come to patients through ignorant or negligent practice?
Could these be prosecuted?
Are we prepared for the consequences?
As Ayurveda becomes a viable healthcare profession, a practitioner must always keep their Client’s well being foremost in their services. Asking these questions also keeps the Ayurveda Practitioner safe.
These are the critical questions. It is important to know that the injured patient must show that the healthcare provider acted negligently in rendering care, and that such negligence resulted in injury.
The Four Cs of Malpractice:
Compassion: Listen attentively with care and compassion while you provide wellness care.
Communication: Communicate your philosophy and approach which includes that you are not a licensed medical professional, that you do not treat disease and you cannot take them off their medications, only their primary physician can.
Competence: Be well informed and educate your Rogi about what and why you are making recommendations.
Stay abreast of your Continuing Education Units (CEUs and PACE Credits)
Follow your Code of ethics guidelines and only work within your allowed Scope of Practice. The Ayurvedic practitioner is taught to be mindful of verbiage that represents Ayurvedic analysis and does not use Western disease names. Nor does the Ayurvedic practitioner present themselves as a Western Medical Doctor. This would be clear misrepresentation and not proper Ayurvedic care
When beyond your Scope always refer to another Provider. Works within Federal state and Local Laws and Guidelines.
Charting: Keep notes of all visits, findings using ayurvedic terminology, recommendations and referrals. Practice within HIPAA Guidelines.
These are best practices for imperfect human beings who will make mistakes. Four things that must be proven in malpractice lawsuits are-
1 A professional duty owed to the patient;
2 Breach of such duty;
3 Injury caused by the breach;
4 Resulting damages.
CAAM Members can get a Malpractice Insurance that is the first of its kind in the US. Plus the Policy is offered at a discount to CAAM Members.
All CAAM Members can apply for Malpractice Insurance from the Member portal on CAAM’s website and get 10% off.
You can add other policies like masssage, etc for $25 more.
E-health and sexuual abuse coverage is included and not additional.