10/18/2018    Carl Solomon, DPM

RE: Should podiatrists be allowed to trim fingernails?

I think the discussion about our cutting
fingernails has gotten a little out of hand. I
can’t provide any legal advice because I’m not a
lawyer, but the following is my personal common
sense opinion. I believe it goes beyond the
question of “Should podiatrists be allowed to
trim fingernails?” The issues seem to be whether
our license covers it, whether we can be sued if
we cause some damage, and whether our
professional liability insurance would cover us.

There’s a difference between our trimming
fingernails as part of our professional license
vs. trimming fingernails as a lay-person, which
anybody is “allowed” to do. I can give someone a
ride in my car if they need it. Anybody is
allowed to do that. There’s a chance I may get
into an accident and be liable, in which case I’d
probably get sued. I have automobile liability
insurance which will cover me. But I’m doing this
as a lay-person.

If I give the same person a ride but charge for
it, I’ll be in deep trouble if I don’t have a
commercial driver’s license, work for a taxi
service, and carry insurance that will cover me
as a commercial driver. I’d be in violation of
some regulatory laws, and not have any insurance
protection if I cause some damages.

Why is trimming nails any different? Anybody is
“allowed” to trim fingernails. Anybody who trims
nails is liable if they cause an infection or
other damage. If I trim a patient’s fingernails
and make it clear that I’m doing it as a courtesy
and not as a professional, why would I be any
less “allowed” than anyone else?

If I charge for it as a professional service, the
rules would drastically change, as in the case of
the cab driver and I’d be subject to rules of a
licensing board, and my professional liability
insurance would have to cover that service. Does
that make sense?

Carl Solomon, DPM, Dallas, TX

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