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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23089
Experience:  Senior Partner at Berkson Wallace
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Can I request payment for alternative medicine (including

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Can I request payment for alternative medicine (including osteopathy) if it was not successful?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: nothing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no really, just fed up giving away money and want to see if I'm protected by law in one or another way

 

The beginning of your question implies that you are a practitioner but the latter part implies that you are a patient.

 

I am answering the question as though you are practitioner.

No treatment is guaranteed to work although if your terms and conditions don’t reflect that, you might want to consider changing the so that they do. If people have asked for treatment which hasn’t worked, I would still bill them anyway because it’s not like having your hair coloured hairdressers which does come with an implied guarantee.

 

If people don’t want to pay, I would take them to the Small Claims Court BUT, meanwhile, you change your terms and conditions.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Customer: replied 4 days ago.
Hi Stuart,

I'm not a practitioner, but based on your reply I might open some energy healing practice, since I don't have to deliver anyway :)

As a patient, how can I make sure that alternative medicine is not a fraud and indeed have got a degree of success treating people?

 

You ask a very good question.

However by way of analogy, I have been to see a specialist about a problem which I have and GBP3000 later, they still don’t know what it is that’s private treatment on the NHS.

There is a difference between providing treatment which may not work and providing treatment which is never going to work anyway.

I have had acupuncture and sometimes it works spectacularly and sometimes it doesn’t work at all.

Provided the person is suitably trained and qualified and licensed that you have a reasonable chance that at least they are going to provide the correct treatment even if the treatment doesn’t work. You pay them for the treatment, not the end result because the end result is a byproduct which is hopefully going to work.

It depends whether you are actually providing hands-on physical treatment as to whether you need training and to be licensed because you do not, for example, have to be licensed to provide spiritual healing and that doesn’t always work either.There are many frauds doing that, I am sure.

Customer: replied 4 days ago.
It seams to be a grey area indeed as far as law concerns.
I've recently seen kinesiotherapist. According to my research it was a brunch of osteopathy. When I turned up for a treatment to my surprise I was explained then in UK kinesiotherapy is and energy balancing treatment. I agreed to try since I was already there.
I've asked practitioner how successful she was treating people. she said 80 percent of people are successfully treated.
Is it possible to check this figure? Did she have to be truthful or could she just make up the number?

Many Thanks

Some categories of alternative medicine practitioners have to be licensed and qualified. Chiropractic, osteopathy, for example

Spiritual healing is not. I don’t know about reflexology.

I have had spectacular results with all and I have had nil results with all on occasions and on others might as well saved my money.

There are no doubt, good and bad practitioners in everything just as there are good and bad GPs and good and bad specialists.

 

Now we are getting down to something legal. If she asks how many people are successfully treated, she has to be honest and she should be honest into ways, the percentage treats which are successful and the percentage which the market treats which are successful. You can of course do your independent research but that’s the only way of coming up with a figure.

 

If she makes up a figure all lies, then she is in breach of the Misrepresentation Act and the Consumer Rights Act for failing to carry out a service which is as described and potentially without care and skill.

 

Assuming that the figures are correct and she hasn’t lied, she could just say that you are one of the 20%.

Customer: replied 4 days ago.
Thanks. That's becoming interesting. I think this is very good criteria to judge whether type of treatment or practitioner is worth spending time and money on. If practitioner is indeed 80 percent successful, that is a very good indication that treatment is genuine and well worth trying. But how exactly can I check this number for myself?

You need to remember that there are 2 sets of criteria for percentage success. The percentage which the practitioner that you went to see enjoys and the market percentage.

Here is one opinion from the United States on percentages with acupuncture: https://www.ncbi.nlm.nih.gov/pubmed/17641567

 

You can research this all-day long.

Customer: replied 4 days ago.
Researching all-day long sound like my experience :)
Any way to check on specific practitioner. Say how successful chiropractic John Smith working for 'XXXSpineHealth' in treating neck pain?

Many Thanks

You can look as all the reviews on the Internet and ask the practitioner the question although how you could verify any of those figures, I have no idea. But is certainly no statutory or legal mechanism for doing so.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Stuart J and 4 other Law Specialists are ready to help you
Customer: replied 4 days ago.
Many Thanks Stuart

Yes, its a bit unfortunate, the way it is. This days seems to be for every good practitioner about ten just money collectors :(