In a perfect world, every patient relationship would be straightforward, with clear communication and no legal entanglements. However, for acupuncturists treating children of divorced parents, the reality is often far more complex. These situations can present unique challenges, ranging from parental consent disputes to billing complications, all of which can carry significant liability risks.
Conflicting Wishes
I recently received a call from an acupuncturist treating a minor patient in their practice. The child initially presented to the office with her mother, who completed all intake paperwork and consented to care. The mother also began care with the doctor that same day.
Several visits later, the acupuncturist received an angry call from the patient’s father, who shared joint custody. He insisted he should have been informed and asked for consent before treating the child, demanding that treatment cease immediately and all patient records be sent to him. This came as a surprise to the acupuncturist, who believed the mother had sole custody.
Identifying the Problem
The core issue was the acupuncturist’s assumption that consent from a single parent was sufficient. In states recognizing joint custody arrangements, it’s common that both parents must consent to health care decisions unless a court order specifically grants one parent sole decision-making authority. Additionally, the acupuncturist’s intake forms lacked any reference to divorced parents, joint custody scenarios, or requirements for dual consent. Failing to confirm this information exposed the practice to malpractice risks, potential legal disputes, and reputational damage.
This situation underscores a critical point: Acupuncturists cannot rely solely on verbal assurances or the actions of one parent. Even if one parent appears to have full authority, legal agreements may require consent from both parents.
How to Mitigate This Risk
1. Obtain Written Consent From Both Parents: Always seek to obtain written consent from both parents when treating a minor, unless a court order clearly specifies otherwise. Documenting dual consent provides strong protection against disputes and ensures clarity from the outset.
2. Establish and Communicate Clear Office Policies: Implement clear, written office policies specifically addressing the treatment of minors from divorced or separated families. Clearly outline consent procedures and ensure parents acknowledge and understand these policies at intake, minimizing confusion or disputes later.
3. Remain Neutral in Parental Conflicts: Divorces can be contentious, and children often become unwilling participants in their parents’ disputes. As an acupuncturist it’s important you maintain neutrality and focus solely on providing health care. If parents attempt to involve you in their disagreements, firmly but compassionately reiterate your neutral stance and your role as a health care provider whose priority is the child’s health and well-being.
4. Clarify Financial Responsibilities Clearly: Billing disputes are common when dealing with divorced parents. Your intake procedures should allow for clearly defining who holds financial responsibility and will be paying for the minor’s care. Transparent and upfront communication about financial obligations can prevent disagreements later, especially when one parent claims they were unaware of the costs.
When to Step Back
If the conflict between parents escalates to a point that it compromises your ability to provide effective care or jeopardizes the practice legally or ethically, consider discontinuing treatment. This decision must always be made carefully, following thorough documentation of your rationale and clear communication with both parents.
Training Staff
Equip any staff to recognize and handle situations involving divorced families proactively. Train them to identify potential red flags during patient intake, such as unclear custody situations or disagreements between parents. Early recognition allows you to take preventative measures, such as verifying custody agreements and consent.
Practical Takeaway
Effectively managing acupuncture for children of divorced parents involves proactive documentation, clear policies and professional neutrality. Heightened awareness and early intervention can significantly reduce malpractice risks, allowing you to remain focused on providing high-quality care without unnecessary legal exposure.
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