Responsibility for Injury By Off-Duty Massage Therapist?

[tamara k]

Dear Massage Therapists,

I have a dilemma that I would like several professional opinions on to help me decide what is a fair course of action to take.

A quick note about my background: I've been receiving bodywork off and on for more than 12 years, including a Swedish, deep tissue, Osteopathic Manipulation, Cranial Sacral, assisted stretching, and Thai Massage.

About 6 weeks ago after practicing yoga with a friend and two acquaintances, we all decided to take turns massaging one person in the middle (three on one!). I've done this many times with other friends before with nothing but delightful results.

One of the acquaintances is a relatively new "registered" massage therapist (having completed her state min. 350 hours earlier this year) but has been doing massage and energy work on a non-professional level for many years.

When it was my turn to receive, she said that it looked like my pectorals were tight and that they needed to be released. She applied deep pressure rather quickly and I said "You're gonna break a rib if you keep that up!"

Well, she didn't break a rib, but two of the rib heads were dislocated from the sternum.

She gave me one free massage / energy work session, and while it was relaxing, did not relieve the pain. After about a week, the pain was getting much worse.

To make a long story short, over the next 4 weeks I saw a chiropractor twice, had one osteopathic manipulation, and had two deep tissue sessions with another therapist.

From start to finish, I was in intense pain for about 2-3 weeks, unable to move, walk, sleep, or even inhale without a piercing pain in my ribs. Sneezing was excruciating. I experienced moderate pain for a couple of weeks after that and then everything seemed to heal fairly well and I'm fine now.

My total bill for the additional body work came to $338. I do not have insurance and paid for all of this work out of pocket.

What is fair to ask her for - if anything?

One $65 Swedish massage did not do anything to reduce the pain. It could be argued on both sides as to whether or not the additional energy work did anything to help my body heal.

Is it fair to ask her to reimburse me for the $338 (less the $65 for the gratis massage)?

From some larger karmic perspective, I played some role in this, so would it be fair to ask for half?

Or, since she was "off duty" when this happened, does she have no responsibility for my injury and I should just chalk it up to one of those things that happen and forget about it?

Something else?

Your input, feedback, and alternative suggestions are greatly appreciated.

Thank you very much.

 

[mikew19532004]

I really don't have any advice on whether or not to pursue some sort of reimbursement from her....but she REALLY needs to be told in a very serious way that when someone says to back off on the pressure, she has to back off on the pressure!!!!!!! That is horrible.

 

[mmjjff80]

Hi Sharon,

Thanks for your comment. I think the main issue here from a performance perspective is that she jumped right in without "testing the waters" to begin with or starting light and checking in regarding the pressure. Even if I had screamed, and she backed off immediately, I think the damage was already done.

 

[Bastion Lord Flash Heart]

2 thoughts......

-350 hours and passing an exam does not make a competant therapist unfortunately.

-The hard part is proving the pec work caused the problem. Rib heads being out is such an ambiguos Chiro statement assuming the Chiro made the diagnosis. This wouldn't hold up in small claims court me thinks and is not worth the problems it may create. Whos to say the ribs were ready to move because of postural or cronic overload? Had any auto accidents or injuries over the last years? Very hard to put that on one therapist during one session with others touching you at the same time.


Not saying you weren't hurt.....not saying it was not the MT.... just pointing out you don't have much of a legal case and I personally would not persue it and lose friends over it too.

 

[seductress]

I know its hard to do. But next time it hurts stop the massage. Say ouuchh your hurting me and I want to stop! Trust your own intuition and pain sensors.

Jason

 

[Punky (Eeeevil Atheist)]

If it was one of your other friends (from the group) who wasn't a massage therapsit, who hurt you, would you think of asking them for money to help you cover the costs?

 

[veraks]

There's no such thing as an "off-duty" massage therapist who's practicing massage on someone. If you're an LMT/RMT, and you perform massage on an individual, you are acting within the scope of your practice as a professional. Not holding a massage therapist accountable for something they did to you while performing within their scope of practice simply because they weren't at the office is like not holding a doctor accountable for giving you a shite diagnosis just because you two were on the golf course at the time.

This being the case, I'm very cautious about the work I'll do on my friends or acquaintances in a casual setting. If it looks as though the work might turn out to be more involved than just a quick session, I'll invite them to set up an appointment with me (paid or pro bono). It's not a monetary issue for me as much as it is a question of taking the work someplace where the work can be a focal point, rather than a peripheral to the social activity taking place.

All of that having been said, I'm afraid that NOLA is right on both points. When I first graduated from school and took my tests, I thought I had it all figured out. I was wrong. I learn new stuff everyday, and it's that humility that plays just as much of a role in my abilities as a therapist as the knowledge that I possess--someone who's sure they know everything is far more likely to make a mistake than one who knows his/her boundaries. Also, proving the damage was done by the pec work will indeed be tough, due to all the extenuating circumstances.

 

[American Woman]

Thank you everyone for your responses. You have given me several things to consider.

- Like I mentioned in my initial post, I am not trying to prove anything, legally, morally or otherwise. I'm just trying to figure out the best course of action.

- Amyisms, if my friend who injured me was not a massage therapist, yes, I would have the same questions. As an alternative case scenario, if my friend was a mechanic working on my car and broke a belt while he was doing a tune up, I would have the same questions.

And, on the flip side of the coin, if I was at a friend's house and broke something, I would offer to replace it, pay for it, or to otherwise make amends.

- BlackSwan, a good reminder that a modicum of humility keeps us open to learning and present in the moment.

- Nolalmt, I believe you have given me the best solution, which is to not pursue it and risk losing friends over it. In the long run, friendship is far more valuable than the small amount of money we're talking about here.

 

[Baillie]

Certainly discuss it with that MT. They need to know about your experience, and will hopefully learn from it. If they offer to cover any additional part of your expenses, I hope you accept.

 

[Ashleypink]

I agree that losing friends is more valuable than losing money.

Also, I agree that you should take the initiative to inform and educate your friend on checking in with their client (you) about pressure. Assuming you have never worked together before, going in so fast without warning is dangerous! Do us all a favor and make sure they know that!