Medical Website - Legal Issues?

Discussion in 'Legal Issues' started by mgf, Dec 9, 2005.

  1. #1
    With the help of a medical expert I started to develop a medical website (see links in my signature) which will go to a new domain once enough content has been created.

    Are there any legal issues for providing online medical advice?

    Thanks and regards
     
    mgf, Dec 9, 2005 IP
  2. ViciousSummer

    ViciousSummer Ayn Rand for President! Staff

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    #2
    Just be sure that you have a VERY well written disclaimer.
     
    ViciousSummer, Dec 9, 2005 IP
  3. wrmineo

    wrmineo Peon

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    #3
    Summer brings up a VERY solid point - make a very upfront, and even prominent disclaimer.

    A little homework could go along to this end; research other sites and see what "buffers" or disclaimers they have in place. For example

    After you've done some personal research and developed your own disclaimer(s) it might be prudent to have it reviewed by a lawyer.

    In the U.S. we have a company legal structure known as an LLC / limited liability corporation; you may want to see what type of legal avenues you have available to help protect yourself along these lines also.
     
    wrmineo, Dec 9, 2005 IP
    ViciousSummer likes this.
  4. uca

    uca Well-Known Member

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    #4
    Yeah, but most of all I would make it clear that it's necessary to get some professional medical advice before considering the contents of the website. In that way you shift responsibility to someone else.
    And as said it's supposed to be easy to spot.
    These disclaimers are pretty common so visitors will understand and not underate your website because of that.

    That's my op.
     
    uca, Dec 10, 2005 IP
  5. mgf

    mgf Peon

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    #5
    Thanks for the comments.

    I have removed the word "advice" from the banner and added a statement to footer as suggested by Mineo.

    The site will become an information reference site about symptons and technical terms.

    Regards
     
    mgf, Dec 10, 2005 IP
  6. uca

    uca Well-Known Member

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    #6
    You could also state where you get the info from, just to make it clear that at least some of the info is from the net and not necessarily from professional sources.
     
    uca, Dec 10, 2005 IP
  7. marketjunction

    marketjunction Well-Known Member

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    #7
    Make sure your "disclaimer" is easy to read AND not tucked away. If it is not in a reasonable location, on each page, you can be found liable.

    As WRMNIO started to point out, being incorporated or under an LLC is a good move. However, an INC or LLC will only serve to protect you, potentially, on the civil side of the law. If you are indicted on anything criminal (IE practicing without a license), it will not. Giving advice can be construed as practicing. Make sure people know your website is not an advice source.

    The laws in your country might be a little different though.
     
    marketjunction, Dec 10, 2005 IP
  8. clarge1

    clarge1 Peon

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    #8
    I saw this today and thought about your question. I hope it helps!

    "Copyright 2006-2007 TodayMD.com, Inc. All Rights Reserved.
    Use of this website signifies your agreement to TodayMD©'s Terms of Use and Privacy Policy
    TodayMD's content is for informational purposes only. TodayMD is no substitute for medical advice, diagnosis, or treatment. Speak to your health care provider before taking any action."
     
    clarge1, Sep 7, 2007 IP