Giving medical advice online - am I liable?

[nomorepanic]

Hi all

I am not a very active member on here but I have received some excellent advice from bluebottle in the past and I am indebted to him for that.

Sorry if I am posting in the wrong place as well.

I was just wondering if anyone knew anything about the legal side of giving medical advice online when you are not medically qualified to do so?

I can explain more if this is something that you may be able to help with.

Thanks

[labman]

Re: Giving medical advice online - am I liable?

There is a big difference between opinion and advice. I am not absolutely sure, but I would imagine that as long as you post it as your opinion, you should be OK. If you post clearly as advice, then things may not be so easy.

If you can give us the context, it would be easier to give you a better answer.

[nomorepanic]

Re: Giving medical advice online - am I liable?

Thank you for the prompt reply

I run a website helping people with panic/anxiety etc but we get a lot of Health Anxiety posters asking us to diagnose conditions, pains, spots, moles, cancers etc - you get the idea.

We try and tell those members to go to their doctors for a proper diagnosis but sometimes members do reply and say things like "it isn't cancer" and "not to worry" and so on.

I just want to make sure I am not liable for a member making such comments and then someone subsequently being diagnosed and saying that they were told by members on my website it was "nothing to worry about".

I am about to set up in business in the care business so I am fully aware of needing public indemnity insurance but I am not sure how this applies to on-line websites and where I am the owner and therefore responsible for that site.

[labman]

Re: Giving medical advice online - am I liable?

I can answer that for debt advice as I do it for a free charity I set up and run. On my Consumer Credit Licence it lists all 'Trading Names' of the charity, one of which is the website URL. The insurance also lists all 'Trading Names' so covers any advice given.

I imagine it must be similar, and you will have to state the URL of the website on your insurance. Also ensure you make it clear that third parties are giving advice as well - you may well need to decide whether you choose to increase your premium to cover them, or cover only your own advice - similar in a way to me paying extra to cover my trustees.

The fact it is medical advice may complicate things, and you should disclose this to your insurer before taking out the insurance.

By far the best thing you could do in my opinion is train your staff not to give any assurances moles are not cancerous etc... It is hard for them, I understand that, but it is by far the kindest thing for both them and the client.

[nomorepanic]

Re: Giving medical advice online - am I liable?

Sorry but I may not have explained it very well

My website does not have any insurance

I just know about the insurance for my new business and it will not cover my website - just the new business

[labman]

Re: Giving medical advice online - am I liable?

Can you not extend it to cover the website?

[nomorepanic]

Re: Giving medical advice online - am I liable?

No because this is a private business that is nothing to do with my website

[labman]

Re: Giving medical advice online - am I liable?

In that case I think the best answer is to:

1. Seek independent insurance if you feel it necessary

2. Train your staff to try not to give any advice over the phone, however hard it is.

3. Ensure, as far as possible, anything stated is opinion and not advice. They could say, "I'm not medically qualified, but it would be sensible to go and get it checked out by your doctor. Hopefully there's nothing to worry about for you." That's pretty bland in terms of saying anything, but also reasonably reassuring for those that suffer with anxiety.

4. Have the number of NHS Direct to hand for if they're really worried. The number is in the process of changing from 0845 4647 to 111. To check which to use for your area, you can look here:

http://www.nhsdirect.nhs.uk/

[nomorepanic]

Re: Giving medical advice online - am I liable?

Hi

Thanks

Just to answer this:

1) I cannot afford insurance if I do not need it

2)It is not my staff - it is members replying doing this

3) yes i could ask people to add that to every post

4) we refer them to docs etc but I just want to make sure it does not come back to me if someone misdiagnoses things

[labman]

Re: Giving medical advice online - am I liable?

Hi

Thanks

Just to answer this:

1) I cannot afford insurance if I do not need it

2)It is not my staff - it is members replying doing this

3) yes i could ask people to add that to every post

4) we refer them to docs etc but I just want to make sure it does not come back to me if someone misdiagnoses things

The bit in red alarms me somewhat. Unless medically qualified, no diagnosis should be made. If I understand No2 correctly, you're saying the client on the other end of the phone is seeking reassurance from your staff. Your staff have to be realistic, but compassionate, about the reassurance they are qualified to give.

I think you have to train your staff to couch things as opinions, not being qualified to diagnose etc.... without being cold. It's striking the balance. Anxiety and panic is a very tricky area.

[nomorepanic]

Re: Giving medical advice online - am I liable?

They are not my staff though

Take a look here and you will see what I mean

www.nomorepanic.co.uk/forum

[charitynjw]

Re: Giving medical advice online - am I liable?

Hi nomorepanic,

Why not add a clear disclaimer on the registration & Home page.

& a 'Read-me-first'.

NB: Congrats on the forum - looks good!

[nomorepanic]

Re: Giving medical advice online - am I liable?

we do but I want to make sure I am cleared of any responsibility legally

[charitynjw]

Re: Giving medical advice online - am I liable?

As an aside, nmp, have you seen this?

http://www.ico.org.uk/for_the_public...-guidance.ashx

[wales01man]

Re: Giving medical advice online - am I liable?

One way to find out if you need the insurance is to not have it whe you are being sued and in dangerof losing evething through a third party claim ,IMO I think if you have to ask do I need insurance?means you do see a broker and get a quote