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Medical "Advice" and Liability

 
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BardStuff

posts: 69

Mar 22, 2007 9:35 AM ET    Quote  Report Abuse
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Hi everybody,

I`ve got a question, maybe this is a good forum to ask it.  My wife is a stay at home mom, but an accomplished physical therapist.  I know that with her experience we could easily bang out a series of e-books on some very important topics to the community that she`s accustomed to serving.   Since this information / advice would have to do with people`s health, I get nervous about liability.  For instance a topic of interest to physical therapy patients might be how to safeguard your house against falls.  What if somebody does everything recommended and then still falls?

If we put her credentials into the book, is she liable for the information in the book by default, since there`s an implied expertise that comes with the information?  I was thinking that another option might be just for me to write it, and simply position it as "This is for research and information purposes, it is not medical advice."  There is a professional organization for physical therapists, and through it one can get liability insurance.  Would this be a likely route to try?  I always thought of that insurance as something be used by people actively working on patients, not somebody writing a book.

Thanks!



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pepperlegal

posts: 153

Mar 22, 2007 2:00 PM ET    Quote  Report Abuse
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At the end of the day, there`s no such thing as removing yourself from all potential liability.  That being said, the bookstore is filled with "how to" and other professional advice books read by people who at some point tried, and failed, at the advice given.   If your (or your wife`s) e-books are written, I would certainly recommend a series of disclaimers, and position the information as for general informational purposes only.  Also, it is NEVER a bad idea to purchase appropriate liability insurance for any business endeavor; if nothing else, it will help you sleep a little better at night.

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