Expert: Charles W. Field - 12/22/2004

Question
Hello Mr. Field,
 I am a licensed acupuncturist contemplating my first practice this Summer.
 My mother's girlfriend's son faked an accident trying to sue a large company, (unsucessfully),back in the 1970s. Workmen's Comp. took pictures of him working in his tobacco performing labor he definitely wasn't supposed to be doing. More recently, working for my hometown water dept., he and his wife embezzled $7000.00 from the city. He was found guilty, and Mom said he and his wife had some of their things in their son's name now. This guy has pretty bad arthritis. If his Mom or he ever wants me to treat him, I am fearful he might try to stick me for malpractice.
Can I refuse to treat him because of this fear...or should I just ignore him or say something like, I am always booked up or busy? Can I refuse to treat anyone who has filed dishonest lawsuits or who has a record of theft,
Also, I will be needing a "Disclaimer Form" I will be needing in Iridology practice that expresses to clients that I am seeing a tendency towards weakness in an organ area, and am not in any way making a Western biomedical diagnosis or am I naming any disease. About how much would it cost me to have an attorney draft this form. I don't guess it would be a wise idea for me to create the form myself would it?
Thank you for any advise!

Sincerely,

Michael D. Eidson, LAc.

Answer
This is America, land of the free and home of the brave. You can refuse to treat anyone you wish. I, from time to time, turn away potential clients if, e.g., there is a language barrier, if I feel uncomfortable with their honesty. As to the disclaimer, I would strongly recommend that you consult with a local attorney to get the wording right. It may cost you a few hundred bucks but it could be a good investment to protect you from potential lawsuits.