Seziures on the massage table
I instructed a Swedish massage class. The basic fundamentals of this class is for students to partner up and practice a Swedish massage routine along with massage techniques learned in class. When students partner up and practice the term “trade†is used to define that class activity. One particular trade, a student brought to my attention that her partner was having a seizure. Emergency services was called and the student that had the seizure refused medical help. In the medical field,†to do no harm†is like the number one rule. Is this particular student a liability?
I agree that with any medical emergency calling 911 is your only option. You nor the student partner are health care professionals and cannot diagnose if a person is having a seizure.
The student themselves has their own right to either accept or refuse medical services, that is their own decision.
If the school is unsure of the health status of the student, it is important that the student receive a full assessment and possible clearance from the MD if warranted should the school be hesitant or unsure of the stability of the student.
I would think the school's responsibility is simply the safety of their students and to make sure no injury befalls them on school property, along with appropriate responses to any medical emergency that should happen.
Hi Jamie. I work in a Epilepsy Monitoring Unit. One of my epilepsy patients who used to be an electrician in his company was relegated to picking up trash and other non-electrician duties, after the company learned he has seizures. My patient said he was still receiving the same salary. He said the company knew they could not fire him because of his seizures. However, he is devastated that he could not do what he used to do before. For sure, the company considered his disability a liability.
Hi Jamie-
I would think that the student is not a liability to the employer, the school or the client, but will have to be sensitive to their issue not to endanger a client. The only other danger would be to themselves. They would have to insure that they remained current on all medications.
Boni,
I suggest the college reach out to your legal department for consultation. It's always a good idea to get the advisement of the people who will have to legally defend the actions.
Sarah Smoger
In your description, only your student "diagnosed" the seizure. The partner student having the episode declined treatment, perhaps justifiably. No "liability" could be inferred from these facts. This is not a 504 or ADA case at this point.
But what if the student with the alleged seizure were actually having a seizure? How would we know? And what would our obligations be under 504 and ADA? My guess would be that no reasonable accommodation would prevent his/her seizures and level the playing field. As a spa manager I could say that few employers would take a chance with a person with a history of seizures, certified or licensed or not.
What should the school do? Federal funds might be squandered, and the school's efforts be wasted, to ensure this disabled person the opportunity to compete with far better applicants in a crowded job market. Massage is not a business for weaklings!
Jamie,
I guess my question is, a liability to whom?
Sarah Smoger
Elizabeth,
Here is how I instruct my campus faculty. If we believe that a student is having a medical emergency, we call 911-regardless of if the student instructs us not to. I am not qualified to determine if a student having some sort of seizure (?) if that's what it really is, is something that warrants medical attention. I also don't want to be responsible for making that determination-what if I'm wrong? Let the student decline treatment from the emergency response team, have a campus protocol set-up or arranged in advance so that a process is in place to manage medical emergencies. That's my best advice.
Sarah Smoger
I am not a expert on the medical side but I have seen many seizures in my time. To be honest not every seizure requires medical attention. It would need to be determined the type of seizure, length of time it actively went on, any changes that may have happened etc. It is still up to the person involved to make his or her determination.
I would have definitely allowed that student to sit the class out and given them the option to call someone to come pick him / her up for safety purposes. But a liability? I am not sure. It in GA it is not required that MTs get certified in CPR and First Aid. In SC it is. So I still hold mine. I advise all students to seek out that certification because it seems that more and more risks come into the massage room if you aren't certified.
I think the school may have wanted to get clearance from a medical professional to make sure MT is a safe career field for that particular student.
What are you thoughts?
