A student came in with severe lower back pain. I told him, “It’s just a slipped disc, we can fix that with Cobra pose. You don’t need surgery.” He cancelled his surgery. Six months later, he has permanent nerve damage and is suing me for “Practicing Medicine Without a License” and “Fraudulent Misrepresentation.”
Key Takeaways
- The Uninsurable Act: Practicing medicine without a license is a crime in many states. Insurance does not cover criminal acts.
- Professional Services Exclusion: Policies cover “Yoga Instruction.” They exclude “Medical Diagnosis or Treatment.”
- “Cure” vs. “Soothe”: Words matter. Never promise a cure.
- Scope of Practice: You are an instructor, not a clinician. Even if you are right, you are legally wrong.
The “Why”: The Medical Services Exclusion
The Trap:
Your policy specifically states: “This insurance does not apply to bodily injury arising out of the rendering of… medical, surgical, dental, x-ray, or nursing service.”
By diagnosing (“It’s a slipped disc”) and prescribing (“Cobra pose will fix it”), you engaged in medical service.
The claim is denied.
The Investigation: I Quoted 3 Major Carriers
1. CPH & Associates (Allied Health)
- My Analysis: They cover “Yoga Therapy” (IAYT certified). If you are a certified Yoga Therapist, you have a broader scope, but you still cannot “diagnose.”
2. Lockton Affinity
- My Analysis: Strict. They warn trainers constantly: “Do not diagnose.”
3. Standard GL
- My Analysis: If the lawsuit alleges “Medical Malpractice,” the GL carrier hands it off. You need a lawyer immediately.
[IMAGE: Graphic showing “Scope of Practice” boundary line]
Comparison Table: Language Liability
| Phrase | Insurable? | Why? |
| “Yoga cures back pain” | NO | Medical Claim |
| “Yoga may help relieve tension” | Yes | General Wellness |
| “Don’t take those meds” | NO | Medical Advice |
Step-by-Step Action Plan
- Scrub Your Website: Delete “Cure,” “Treat,” “Fix.” Use “Support,” “Strengthen,” “Ease.”
- The Referral: “I am not a doctor. Please consult one.” Say this often.
- Waiver: “I understand yoga is not a substitute for medical attention.”
- Silence: If a student asks “What is wrong with my back?”, say “I don’t know.”
FAQ
Can I say ‘Sciatica’?
You can say “poses for sciatica relief,” but don’t tell them “You have sciatica.”
What if I am a Physical Therapist too?
Then you need PT Malpractice insurance, not just Yoga insurance.
Is Yoga Therapy covered?
Only if you have the specific IAYT certification and endorsement.