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Case Study: Injury Arising from "Cupping" Therapy Technique
Ms D was awarded £2,000
A woman was left with multiple injuries after receiving cupping therapy from a Chinese herbalist. JMW has helped her to secure £2,000 compensation.
Ms D attended a Chinese herbalist to relieve muscle tension in her right upper back and was recommended “cupping”; a procedure where heated cups are attached to specific pressure points on the back. The procedure left Ms D with extensive bruises and red marks, acute lower back pain, and pain and stiffness in her upper back. She decided to make a claim and was put in touch with JMW Solicitors.
Ms D had been given a massage, shoulder manipulation and acupuncture, but was told this had not released the tension. The herbalist recommended she undergo “cupping”, a treatment she had not experienced before. Ms D was told that she would feel a slight stinging sensation and may be left with red marks that would fade within two days. However, Ms D’s pain, the markings on her back and some desktop research, showed that this procedure had been carried out incorrectly.
We wrote a letter of claim to the herbalist, outlining Ms D’s injuries and her decision to make a claim. They passed it on to their insurance company. The insurance company accepted responsibility for Ms D’s injuries on the herbalist’s behalf.
Ms D was a police officer, and despite the pain from the “cupping” being in excess of her original pain, she was keen to minimise her time off work and therefore undertook light duties for two weeks after the accident, before returning to full duties.
We got Ms D examined by an independent General Practitioner, who was able to provide a prognosis and an independent report on her injuries. He confirmed that the incorrectly carried out “cupping” procedure had been directly responsible for Ms D’s injuries and diagnosed a complete recovery from her injuries within six weeks of her accident.
On Ms D’s authority, we disclosed this medical report to the herbalist’s insurance company, along with photos of the bruising and red marks which she had as a result of the accident, to encourage them to make an offer to settle the case.
In response, we received an offer from the insurance company that fell within the lower end of the bracket that Ms D’s injuries were worth. Although Ms D could have accepted the offer, we were able to negotiate an increase on the offer that she felt more accurately reflected the value of Ms D’s claim.
Ms D was delighted to receive this increased offer to settle the case, and instructed us to accept it on her behalf. Ms D had these kind words to say of our work:
“I just wanted to say a big thank you for all your hard work and help in getting my claim sorted, and for sending the cheque through to me. I know the company dragged their heels at every opportunity but I really am grateful that you persisted with the case and brought it to such a good conclusion. I really wouldn't hesitate in contacting you again if I had any further cases (although in the nicest possible way I hope I don't have to!) Many thanks again, take care.”