Expert: Charles W. Field - 4/11/2004

Question
Hello Mr. Field,
I am a licensed acupuncturist planning on beginning an acupuncture/iridology practice this summer.
I have blank copies of the "informed consent" and other clinic forms needed. My concern is treating some "TERMINAL" patients..and the possibility that their surviving family might claim that I caused the death through improper use of herbs, formulas, or acupuncture points...esp. since I may be the last practitioner to treat them. Would the forms applicable to my non-terminal patients cover me as well for my terminal patients?
In Iridology, I cannot issue a Western diagnosis,(since I'm not a Western M.D.), but can identify markers of a weakness in a body organ/area. Can I create my own "disclaimer" form, indicating I am NOT making a "Western" diagnosis, or should I employ a lawyer to prepare such document?
Sorry, I was very happy with my education but the school was not required to prepare us for many legal issues. Thank you for any advise.
Sincerely,
Mike Eidson, LAc.  

Answer
Without seeing the forms, I cannot give you an opinion. Even if I thought the forms were adequate, that would not prevent someone from suing you. I would advise you to consult with a local attorney who does a lot of medical malpractice defense work, which I don't do (I only represent plaintiffs). More importantly, I would strongly advise you to look into malpractice insurance, which would also cover your defense (i.e., attorney) costs in the event you get sued.