Acupuncture Injury Claim *
Acupuncture injury claims * usually arise in situations where incorrect treatment is given, needles are inserted incorrectly or the acupuncture specialist is inadequately trained resulting in an injury to the patient.
Acupuncture is a type of medicine in which fine needles are inserted into the skin at specific points on what is known as the lines of energy. This is used to encourage the release of pain-relieving endorphins and it is often used as an alternative to medicine for pain relief. Acupuncture is commonly used in the treatment of both physical and mental conditions. It can be used to treat anxiety, sports injuries, asthma, high blood pressure and skin problems. In general this is a very safe treatment method that is received by a large number of people each year. In some cases, injuries can be sustained if the treatment is not carried out correctly.
Who is Liable?
Claims made following an acupuncture injury treatment are processed through the Injuries Board as a personal injuries claim *. Prior to making this claim it is important to determine who is liable for the cause of the injuries which you have sustained. This is an important first step in the claims process. In most cases, it is found that the practitioner who carried out your acupuncture treatment is liable due to negligence or a breach in duty of care.
All practitioners in any field have a duty of care to ensure the health and safety of their clients and visitors to their premises at all times. There is a certain expectation that you will receive a high standard of care when receiving treatment so it can be a difficult experience if something goes wrong. A part of this duty of care they have to ensure that they are competent in carrying out the task and are providing a safe environment that is free of any hazards or risks that could potentially lead to accident or injury. They have a responsibility to carry out frequent risk assessments to help them both identify and eliminate hazards. This also helps them to understand what safety and control measures should be in place to help prevent accidents.
Acupuncture practitioners should always use the correct equipment and it should be clean and sterile before use. It is important that they carry out a health check before the treatment in order to be made aware of any health issues or allergies that their clients may have. Failing to do this and show a reasonable level of a duty of care could lead to the occurrence of an accident which they are likely to be found liable for.
Common Injuries and Side Effects
- Bruising and soreness
- Loss of consciousness
- Nerve Damage
- Muscle twitching
- Collapsed lungs (if needle penetrates chest)
- Blood-borne infections
- Incorrect Equipment
It is important that the correct equipment is used when carrying out any kind of treatment. Using the wrong equipment could lead to accidents and injuries. It is also very important that any equipment used is clean and sterile prior to use. This helps to prevent the risk of an infection spreading from one client to another. If the equipment used cannot be fully cleaned and sterilised it should be disposed of after use and new equipment should then be used.
- Lack of Training
It is important that all practitioners who will be carrying out acupuncture treatment have received the correct training that allows them to carry out their work in a safe manner for both themselves and their clients. This means that they will know how to carry out the task correctly and will know what to do if an injury occurs.
- Incorrect Information
Prior to receiving acupuncture, clients should be made aware of how the treatment works and the risks that can be associated with. This allows them to then make their own decision on whether they would still like to continue with the acupuncture treatment. This also allows them to be more at ease with the process as they will know what to expect. If they are given the incorrect information it is more likely that an injury may be sustained as a result. This is also a breach in duty of care on behalf of the practitioner.
TELL US ABOUT YOUR CASE
To talk in more detail about any aspect of this topic, you can contact our injury personal injury solicitors * on 01 649 9900 or email firstname.lastname@example.org to tell us about your Acupuncture injury claim *.
With over 30 years’ experience, Tracey Solicitors ensures not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.