Many people believe in the efficacy of various forms of alternative medicine. Alternative medicine disciplines have grown in popularity as people express concerns with conventional medicine and pharmaceutical care. But when you suffer injuries or experience complications after receiving treatment from alternative medicine, can you pursue a malpractice claim? Alleging malpractice against an alternative medicine practitioner can involve challenges in establishing the legal standards for non-traditional care.
Understanding Alternative Medicine
Alternative medicine includes disciplines outside of traditional medicine practiced by medical or osteopathic doctors. Common examples of practices commonly referred to as alternative medicine or complementary medicine include:
- Acupuncture
- Herbalism
- Naturopathy
- Homeopathy
- Traditional Chinese Medicine
- Chiropractic
- Reiki
- Ayurveda
Alternative medicine disciplines claim to achieve the same therapeutic or healing effects as conventional medicine. Many disciplines also take a holistic approach to treating ailments or maintaining health. However, many disciplines lack scientific plausibility or have not undergone scientific testing to prove the efficacy of their treatments.
While some forms of alternative medicine require practitioners to obtain a state license, such as chiropractic and acupuncture, other disciplines have no licensing requirements.
Legal Standards for Malpractice
Each type of alternative medicine may have different standards for finding malpractice or negligence by a practitioner. However, courts typically do not hold alternative medicine practitioners to the same standard of care as physicians in conventional medicine. Nevertheless, alternative medicine practitioners still have a duty to avoid causing harm to a patient and to respect patient autonomy.
In some cases, courts may determine the standard of care based on how other practitioners in the field would treat a patient in identical circumstances. Courts may consider the standard of care based on other practitioners in alternative medicine disciplines subject to state regulation and licensing requirements. In these cases, claimants may need to present expert testimony from other practitioners of similar training and experience.
Licensing and Regulation Differences
The presence or lack of state licensing and regulation for an alternative medicine discipline can affect the likelihood of practitioners facing malpractice claims for negligently harming patients. Furthermore, some states may regulate alternative medicine disciplines that other states do not. Practitioners in licensed disciplines like chiropractic may face formal malpractice claims for negligent treatment. Conversely, practitioners in unregulated disciplines may face different kinds of injury claims when they harm patients. However, the lack of formal government regulation and licensing for an alternative medicine discipline does not exempt practitioners from liability if their treatment harms an individual.
Common Legal Challenges in Suing Alternative Medicine Practitioners
Some of the most frequent difficulties that individuals face when suing alternative medicine practitioners for injuries caused by treatment include:
- Difficulty establishing the standard of care due to varying practices within a discipline or a lack of scientific rigor
- Challenges in establishing causation, especially when a patient undergoes treatment from alternative and conventional medicine
- Obtaining expert testimony on the standard of care for non-traditional fields that do not have government regulation or licensing
Protecting Yourself as a Patient
If you seek treatment from an alternative medicine practitioner, here are some ways you can protect yourself from potential injury or harm:
- Make sure a practitioner has government-required licenses or credentials (if applicable) or has an affiliation with professional organizations for the discipline.
- Ask the practitioner to clearly explain the purpose and risks of a proposed treatment so you can give informed consent.
- Keep comprehensive records of your treatment and report concerns to the practitioner as soon as possible.
- Seek conventional medical care for any injuries or complications you experience.
Contact a Malpractice Attorney Today
If you’ve suffered injuries or complications after receiving treatment from an alternative medicine practitioner, you need experienced legal counsel to help you pursue a negligence claim. Contact Hunt Law Firm today for a free, no-obligation consultation with a malpractice attorney to discuss your options for seeking financial recovery and accountability.