I have a question for a medical attorney.
Overview: We have three medical clinics that specialize in medical insurance covered massage therapy. All of our massage therapists must be licensed and must go through a hands-on training academy before they touch any of our patients. The work is specific to the Physicians assessment and covers a multitude of issues. During the interview
process, a Lead Licensed Massage Therapist will have the potential candidate do a practical (lead therapist receives a 30 minute medical massage to make sure the candidate is capable and competent.) For example, the lead therapist may ask the candidate, "Locate a trigger point on the lower lumbar and then locate the deferred pain, or, locate the trigger point of the upper cross bilateral frontal brachial plexus just above the clavicle to assist the Physician in trigger point injections." It's very detailed and requires a lot of training. We do not hire your standard every day massage therapist that you will find at a Massage Envy.
We just hired a new Office Manager who is not a licensed therapist and has come from the MassageEnvy world where massage is a luxury. She has no medical or anatomy knowledge and has never received a medical massage.
Issue: The new Office Manager, just today, is now removing the qualified Lead Therapist from doing the practical, and putting herself in that position to receive the practical. The problem that I foresee with the Office Manager doing this practicals, other than her only massage experience is from a non-medical facility (MassageEnvy,) is that after the practical, if she decides not to hire the potential massage therapist, that therapist could sue us based on the Office Manager receiving the practical is not qualified to judge if the practical was competent or not.
What is your legal advice please?