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    ComplaintsforInner Roots Wellness

    Health and Wellness
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    Complaint Details

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    • Complaint Type:
      Sales and Advertising Issues
      Status:
      Answered
      On 06/20/2022 I purchased a 90 minute massage via Groupon for $68.25 and on 06/21/2022 scheduled the massage for 06/25/2022. On 06/22/2022 I completed the intake form included medical history as requested. I received no communication save automated appointment reminders prior to my appointment. At my appointment the massage therapist started to inquire about my medical history and informed me because of my history of blood clots disclosed on the forms I would be unable to receive the massage and would need to return with a medical clearance in order to receive my massage. None of this information was provided prior to my appointment. I contacted the business owner following the appointment during which she provided no resolution to my situation and focused on future changes to her policies and procedures and stated she was going to contact Groupon to cancel my voucher. At the time of this exchange the website has no disclaimers stating that medical clearance may be necessary prior to services.

      Business response

      07/01/2022

      This is a response to the complaint ID ********. I received the complaint notification and details on June 29, 2022. I have faxed this letter the the BBB number provided and have placed this letter in the mail on July 1st, 2022, to be overnighted. This is my formal and public response to the complaint filed by ******** ******. I ask that you not shorten its length as the complete response is crucial to the resolution of this case, and the publics awareness of the events that occurred. I have not used any identifying language in my response. I confirm that all quotations, and events are accurate and factual. 

      As the business owner, I confirm that all dates mentioned in the complaint are accurate. I will also confirm that prior to the appointment, neither myself nor the therapist performing the consumers service personally contacted the consumer regarding their service, intake and medical history. All automated confirmations, reminders, etc were sent accordingly and received, as stated by consumer. There are several pertinent statements made on behalf of the therapist, the business owner, and the consumer, that the consumer did not include in their original complaint regarding services not rendered. Those statements will be detailed here. 
       

      Before massage services are rendered, a short interview must be done to gather more information about health, goals, medical history, etc. of the client to ensure client safety Massage is either modified or not performed, pending the intake filled out by the consumer and the conversation had prior to services being rendered. Each therapist at my business reserves the right to choose which option will benefit the clients health and continued wellness. Upon reviewing consumers intake form containing her medical history, it is noticed that "blood clots" and "thrombosis/embolism" are check marked as well as a listed medication of aspirin, which is commonly used to treat and prevent further blood clots. The therapist is aware that these conditions and medicine being listed are not deciding factors in whether or not massage can be performed, therefor when they viewed the intake that morning, prior to clients appointment, they did not contact the consumer for more information. On June 25th 2022, the consumer arrived for her scheduled 90-minute massage appointment at 12:00pm. The therapist continued with standard protocol, and asked for more information regarding their diagnoses listed on their intake. The consumer expressed that they had a blood clot in March of 2021, and stated that the overseeing physician believed this was due to COVID 19. The consumer shared that the medical team has run "extensive checks" but do not know what else to do for continued treatment. Consumer also stated that the doctors do not know for sure if consumer currently has, or will develop another blood clot. 


      Additionally, the client expressed that they woke up with lymph node swelling in their left axillary region. Upon palpation, the therapist confirmed this statement. The lymph swelling was not listed on the intake. Swelling or lymphedema of an unknown origin anywhere in the body requires specialized treatment from a lymphatic drainage specialist. The therapist handling the consumers service is not trained in this technique. The therapist informed the consumer that due to the uncertainty of the existence of current blood clots by the physician, as well as the lymph node swelling, the therapist was unable to provide the massage service scheduled today as they may cause further harm. The therapist offered to provide the services that the consumer had purchased at a later date, should consumer receive medical clearance from their physician stating that they believed consumer was free of blood clots as well as lymphedema. The consumer expressed frustration about the drive they made to the practice. The therapist expressed that they understood why this would feel upsetting and that they deeply empathized with the consumers situation and also apologized greatly for any inconvenience this may have caused. 


      Once the consumer had left, my therapist messaged me immediately, explaining the situation. I, the business owner contacted the consumer immediately at 12:23pm on June 25th 2022, via text message stating "Hello ************. I am so sorry you were unable to receive a massage today. I just heard from ******* that a massage is not in your best interest where health and wellness are concerned. I know you have a long drive. I am available until 4pm to have a discussion regarding your experience today, as well as options for your Groupon." The consumer responded with "What number should I call you at bc this is ridiculous." I responded with the exact phone number to call. The consumer immediately called, while they were driving, to have the discussion and sounded very angry. Oftentimes they raised their volume, and used condescending language and tone. They expressed the same items they noted in their original complaint. I stated that I supported my therapists decision in refusing treatment, that I myself would have made the same decision, that noting blood clots on an intake form does not necessarily mean we require medical release, nor does it require us to reach out prior to the appointment for further information. I also explained that there is a box on the intake form to detail any further information a provider may need to know for their treatment. The consumer left this box blank. The consumer informed me that they were in the healthcare industry, and knew how to fill out an intake form, and stated that they could have obtained medical clearance had they been informed. They also described medical clearance as a “cover your a** policy." I explained that it is NOT such a policy because even with medical clearance, a therapist can still choose to not render services if they feel it would harm the consumer. 
      The consumer then expressed their disagreement with my choice of booking and intake system, attacked several features I do not have control over, stated that I should have a different system, and that a drop down box should appear should I need more information when a particular box is checked. I responded with "Unfortunately our industry does not have affordable access to more detailed platforms in which we would have this feature". Throughout this conversation I repeatedly apologized for her experience, repeatedly explained what my therapist had explained at the time of the appointment, made several attempts to resolve the issue via a Groupon refund and reiterated that should the therapist deem massage unsafe, regardless of medical clearance, they had a right to refuse treatment. Also, it was explained that medical clearance from a doctor, does not release a therapist or business of liability, should harm be done to the consumer. A medical clearance is used as a decision making tool in our industry, as it is inside the scope of practice for a physician to diagnose or treat a 
      patient, as well as recommend or not recommend certain treatments. The therapist still reserves the right to refuse treatment if they still feel it is not safe to perform massage services. The consumer expressed that the therapists decision to refuse treatment was either "not well founded" or " not well-rounded”. (Due to the call taking place while the consumer was driving, a few words were indecipherable, and I did not want to further aggravate the consumer by asking them to repeat what they had said.) 


      Based on the repetitive nature of the conversation, I felt it necessary to genuinely ask the consumer themselves what they would like me to do to resolve this. Their response was" want you to hold yourself accountable." This request made on behalf of the consumer was stated several times throughout the conversation. I responded, each time and reiterated that I was holding myself accountable by instituting a new policy, and asking what would be a suitable offering to resolve this conflict. Again, the consumer chose not to provide a desired solution. I repeated the offer of a Groupon refund. During our conversation, the consumer never directly or explicitly requested compensation or reimbursement of any nature. The consumer instead stated "So you are choosing not to do business with me" and I stated that yes, I was choosing not to do business with them because we could not come to an understanding or solution that meets both parties needs. I explained that I was not going to offer any complimentary massage sessions, and I ended the conversation with “I am going to hang up the phone now otherwise we will continue to go back and forth, without any resolution. I will contact Groupon personally and have your voucher refunded so that you do not have to deal with it yourself." The consumer then hung up the phone. 


      The consumer stated in their desired settlement: "... without prior advisement of such a policy". The business is not required to state verbally or written that services are either guaranteed or not guaranteed based on any factor, completion of intake, purchase of services directly or through a third party, or scheduling of a service. At any point in time, the business/ therapist reserves the right to refuse a service if the service desired is unsafe. I have made an adjustment to my waiver to reflect the desired prior advisement" statement to avoid future confusion, within my capability of the system. I contacted Groupon on June 30th to clarify that Groupon itself also does not guarantee services based on purchases made, and they confirmed, stating that the services only need to be offered, which they were. On my businesses intake waiver it states: "I understand that the services offered today are not a substitute for medical care. I understand that my therapist is not qualified to perform spinal or skeletal adjustments, diagnose, prescribe, or treat physical or mental illness." Since the swelling was of an unknown origin, it is outside of our scope of practice to decide it's cause, therefor it is unsafe to perform massage services. Also on the form it states: ") affirm that I have notified my therapist of all known medical conditions and injuries. I agree to inform the therapist of any changes in my health and medical condition. I understand that there shall be no liability on the therapist's part should I forget to do so." (The following was not stated during the phone conversation with the consumer). At the time of intake completion, the consumer DID notify the business of all known medical conditions, but DID NOT call prior to their appointment to inform the business that they had woken up with swelling in their axillary region, which was a change to their medical state of being. If this notification had been performed on behalf of the consumer, as agreed to in the waiver, the therapist may have been able inform the consumer before they traveled, that massage would not be possible. In signing this form, the consumer legally agreed to any and all statements listed in the waiver. The consumer stated in her complaint that I “provided no resolution". I did offer to have her Groupon refunded via a refund from Groupon directly. The therapist at the time of the appointment, also offered to render the services at a later date pending medical clearance of blood clots and lymphedema. The consumer refused both of these options. On June 25th 2022, I contacted Groupon immediately following the call, to have the voucher refunded. I verified with Groupon on June 30th 2022 that the request to issue a refund has been processed. The representative informed me that they were awaiting confirmation that the voucher has fully processed to the customer before they updated their system, which normally takes 24-48 hours. The consumer will receive the requested compensation of the price of the Groupon purchased, pending any agreement, discount, or policy Groupon provides to the consumer. 


      Therefor, no further refund is necessary on behalf of myself, the therapist, or the business. The consumer chose to seek and purchase services on Groupon, for services advertised on Groupon, on behalf of my business, knowing that we were located 20 miles/26 minutes from 
      their residence. The business and myself are not legally responsible for compensation of time and travel expenses, and chooses not to reimburse the consumer the settlement desired in their complaint. I sincerely apologize that the consumer was upset with their experience at my facility as well as the phone conversation between myself and the consumer. I also apologize for any inconvenience and stress this has caused to the consumer. I have implicated the policy mentioned to the consumer, and have adjusted my intake and waiver form in an attempt to prevent this occurrence from happening in the future. 


      Sincerely, Jeanette L****** Owner of Inner Roots Wellness 


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