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Posted By jane hallett
Hi All
I am undertaking an Indian Head Massage Course at a local college, VTCT Level 3 Diploma. The course leads to a recognised qualification, measuring competency by assessments. 4 case studies are required - actually carring out massages on real people.
This course is not part of my employment. I do not have any personal insurance to cover an incident where I may complicate or even injure one of my case studies.
Would a simple 'disclaimer' form cover me? (bearing in mind, my case studies are liable to be friends and family).
The college has said that no one has asked this question before!
Any further ideas?
Many thanks
Jane
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Posted By Nick Higginson
Jane
You cannot exclude liability for negligence by getting people to sign a disclaimer (Unfair Contract Terms Act).
I am by no means an expert in head massage, but what risks are we talking about here? What are you going to do to them? Is there some sort of pre-massage questionnaire you could compile to indicate if people had any particular problems? (although I cannot think of any medical problems that would be exarcebated by a massage!)
If we insured against everything, we would be bankrupt and never achieve anything. We would all stay inside and industry would grind to a halt. I choose not to insure against damage to my house from botched DIY - as the most I would do is hang a picture, it's not worth worrying about.
I say just go for it.
Kind regards
Nick
The advice in the above posting is in no way indemnified. Massaging is carried out at your own risk. Your house is at risk if you do not keep up payments. blah blah blah. Please print this document, sign it and return it to me.
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Posted By jane hallett
Nick
Many thanks - you echoed my gut reaction, I just needed another opinion.
There are pre-massage questionaires that would show any contraindications.
I think the worst that can happen is that I will give a rubbish massage of no benefit!
What threw me was that the teacher claimed never to have heard the question before or even understood what I was asking.
Here I go then - completely hands-on. Any volunteers?
Jane
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Posted By David Brede
I would have thought that if the case studies were invited into the college for treatment as guinea pigs as part of the course then the college would have to cover any injuries caused under their insurance?
Clearly once you have your qualification you would be as well to have such a disclaimer if you treat people for free or insure if you wish to charge for the service,
However I am not aware of anyone being harmed by this form of complementary medicine indeed the reverse!
David
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Posted By Brett Day You can get insurance through ITEC (not sure about the other body you mentioned, I haven't heard of them) I've done the ITEC massage courses. Also in terms of questionnaire we had a standard 'health check' form with tick boxes that the client signed to state that they in good health and not subject to any of the contra-indications. Not sure if the course covers this (sorry if you already know) but definate no-no's as far as indian head massage are epilipsy (over stimulation of the scalp can cause a fit), any head or neuro surgery (one of my case studies had neuro-surgery 3 years prior to acting as a case study and was advised a tentative yes - under medical supervision). Please if you want more infromation please contact me. ( brettdaysp@btinternet.com ) There is a fair list of contra indications for massage, in terms of the actual massage and aromatherapy oils (if you are using them). Hope this is of help Regards Brett
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Posted By Karen Todd
Hi Jane,
I reckon that if you are doing massages on these guinea pigs as part of your course, then it is up to the college to hold appropriate insurance for this.
However, I have a friend who did a course and I appreciate that indian head massage is very powerful and makes many people feel sleepy, so there is the risk that they could faint, or be a bit unsteady on their feet when they first get up, and therefore there is the possibility that they could fall and hurt themselves.
I think my friend was also made to join the Federation of Holistic Therapists and her membership either included insurance or else she got it very cheaply.
Regards,
Karen Todd
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Posted By Geoff Burt
It's now a fact of life that if something goes wrong, there is a good chance you will be sued.
I have no idea what Indian Head Massage is (I assume it is not limited to Indians!) but what if someone has a pre-existing condition that coincidentally worsens following your attention?
From that you have to make your own judgement on whether or not you take out the appropriate insurance.
Geoff
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Posted By Nick Higginson
If we are saying that Jane could be sued for negligence, let's look at the tests:
1. Duty of care owed - Does Jane owe a duty of care? In this instance, surely the duty lies with the college (as has been suggested)?
2. Duty of care breached
3. Breach of duty led to foreseeable harm - Someone more knowledgeable than me has already pointed out there are certain people who cannot receive this type of treatment. If Jane (or maybe the college)puts together a simple questionnaire, then I would venture that she has done all that is "reasonable".
Kind regards
Nick
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Posted By Jack
But Nick we all owe a duty of care to our neighbour and surely someone with their head cradled in your hands meets that definition!
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