In 2007, I was diagnosed with Lyme Disease, a bacteriological infection you get from deer ticks.
Some of the main symptoms were tiredness , lethargy and “brain fog”.
I was treated with antibiotics over a period of about 9 months, some oral, some intravenous. I recovered but had some annoying residual symptoms, including neck stiffness and pain.
I tried a treatment from complementary medicine, called craniosacral therapy, through Healthworks in Forres, and got a lot of benefit from it.
I consider my recovery was due to a combination of conventional and complementary medicine.
I am a believer in the benefits of complementary therapies. But I relied primarily on conventional medicine and at all times after I had been diagnosed by my GP and referred for expert opinion, I was under the care of a consultant in the Infectious Diseases department of Aberdeen Royal Infirmary.
Complementary therapies have a lot of advantages but in the context of a personal injury claim they can have some disadvantages which you need to know about.
This is relevant to you, if you live in Moray, because the availability and range of complementary therapies is probably higher per head of population than in most other areas of Scotland.
In this article, we will consider:
- firstly what are complementary therapies compared to “standard“ therapies and what are the differences between them;
- secondly, why the differences matter in the context of a personal injury claim; and, finally,
- what you should consider doing for the purposes of any personal injury claim in terms of obtaining medical advice.
Let’s look at the first of these.
1. What are complementary therapies and how do they work?
Examples of complementary treatments include massage, meditation, acupuncture, tai chi, reiki, aromatherapy, and craniosacral.
Complementary medicine comprises treatments and therapies used alongside conventional Western medicine, not as a replacement.
The word “complementary” (as opposed to “complimentary”, which is about praising something) describes something which combines with another thing in such a way that they enhance or emphasise the qualities of each other or another. They build upon the benefits of each other.
In the context of personal injury claims, it’s worth stressing that complementary therapies are not meant to be used on their own.
Instead, the idea is to combine them with conventional medical treatments.
Complementary medicine supports overall health and well-being. It often takes a holistic view of the person – aiming to address their physical, emotional and spiritual needs.
Here are things complementary therapy can help you with.
- Reducing and managing pain;
- Calming emotions;
- Reducing stress and anxiety;
- Improving mood;
- Strengthening your ability to “cope”;
- Minimising the use of “toxic” treatment methods by taking a more natural and “gentle” approach;
- Empowering you to take a more active role in your care, giving you more control and hope.
2. Why do the differences between complementary medicine and conventional medicine matter in the context of a personal injury claim?
With conventional medical treatment, you can expect that the methods used to treat you will be supported by current medical science.
There’s an assumption that, if conventional medical techniques were used in your case, that was likely the most effective treatment for you to get in the circumstances.
Insurance companies want to know that you have tried your best to recover from your injuries as quickly and as fully as possible. All injured claimants have a duty to behave reasonably in the way they respond to their injuries. This is known as the injured person’s duty to mitigate (or minimise) their losses.
Another feature with conventional medicine is that you can expect detailed medical notes will be kept. The notes will follow a standard format. Abbreviations in the records will be decipherable.
The “authority” and quality of the medical records is important in personal injury claims because you will almost always need an expert medico-legal expert report to provide the basis for valuing your claim.
Contrast the above features of conventional medicine – i.e. strong evidence, comprehensive regulation and long-standing recognition by the law, if you like – with complementary medicine.
There are several possible problems with complementary medicine against the background of a personal injury claim.
- Limited Research and Evidence Base: Some complementary treatments lack robust scientific research supporting their effectiveness or safety, which may make it difficult to prove it was necessary or beneficial to use them, in a legal context
- Insurance Company Scepticism: Insurance companies, especially, but also courts, may have doubts about the effectiveness of complementary treatments. If you are not able to demonstrate clear benefits – ideally with supporting medical records and expert opinions – your claim may be weakened.
- Possible Mitigation of Loss Issues: If you rely solely on complementary treatments and do not seek conventional medical advice, insurers may argue that you have failed to mitigate your losses or even worsened your condition, which can reduce the value of your claim.
- Difficulty Obtaining Expert Reports: Medical experts may be less willing or able to support claims based on complementary medicine, especially if there is little scientific evidence or consensus about the treatment’s efficacy.
3. How best to employ complementary therapies in combination with a personal injury claim.
As described above, the best thing to do is not to avoid complementary treatments but instead to use them as a supplement to conventional treatment options.
That way, you get the best of both worlds and your claim will still be backed by the best quality medical evidence and opinion.
While complementary medicine can play a role in recovery, relying on it as the sole or primary evidential basis for a compensation claim introduces significant legal and practical challenges.
But combining it with conventional medical treatment and maintaining thorough documentation may well strengthen your case beyond the level it would have achieved if you only relied upon evidence of conventional medical care in your case.
Hopefully, the combination of conventional and complementary will also result in you making a more complete recovery from injury than you would have done otherwise (e.g. antiobiotics plus caniosacral to overcome Lyme disease).
How we can help
We hope you have found this article – discussing the benefits and risks of complementary medicine in the context of personal injury claims – to be insightful.
We’re always delighted to deal with any questions arising from our articles. If you have any questions at all, please get in touch with us. You can call either of our accredited specialist personal injury solicitors – Marie Morrison and Peter Brash – on 01343 544077 or send us a Free Online Enquiry.
All initial enquiries are without obligation and at no charge.
