Americans are increasingly using the techniques, therapies, and approaches of complementary and alternative medicine. We now make more visits to nontraditional healers than to family doctors and spend almost as much (out of pocket) on alternative medicine ($27 billion) as on unreimbursed physician services ($29 billion).
Sales of dietary supplements in the U.S. reached $21.3 billion in 2005: vitamins were $3 billion, herbs $4.4 billion, minerals $1.8 billion, sports nutrition products $2.2 billion, multivitamins/minerals $4.2 billion, and other supplements totaling $5.7 billiion.
Attorneys, physicians, insurers, employers, and others who may be affected should be aware of the types of lawsuits that may arise from injury due to complementary or alternative medicine, what strategies and techniques to employ, and what issues are critical to know.
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Attorneys:
Counsel must develop a checklist of facts and circumstances, specific to the client’s fact situation, which demonstrates proof of negligence or malpractice by an alternative or complementary medicine practitioner.
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Physicians:
The other parties to the litigation will scrutinize the treating alternative or complementary medicine practitioner, medical experts, diagnosis, and treatment provided. The CAM practitioner must consider this checklist when presenting a defense to liability.
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Insurers:
When investigating a claim of negligence or malpractice involving alternative or complementary medicine, the insurer should carefully evaluate the actions of the provider and others. The insurer should look for the following "red flags" and consider how they impact the insurance coverage and liability for payouts.
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Employers:
Employers and their risk managers are concerned with preventing absenteeism and the ability of their employees to work effectively. The following checklist should be considered when determining if the employee’s injury involving alternative or complementary medicine is “work related.”
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