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    Could we be sued?

    Could we be sued for malpractice giving medical advice on this forum?


    I think we should always point out that we are not doctors & stress that the best advice we can give is consult a GP or go to an ER.


    Any thoughts??


     

    +15  Views: 1454 Answers: 18 Posted: 6 years ago
    DonDowningJr

    Anybody can sue anybody for anything. You've heard the expression "So sue me". Doesn't always mean anything.
    Colleen

    Moderator
    No, we can not be sued. At best, if this site got bad enough then it could be shut down but that's it. User beware that the advice "you" get here may not be 100% accurate. It should always be presumed that the stranger you ask is answering based on his/her own experiences or what they might have read 20 years ago. Free advice is up to the asker to take or disregard. If we charged for answers, then we would have to provide a correct answer or refund the money if the answer was proven inaccurate. No one signs off on their comment with any king of degree claiming they are an expert on the topic.
    DonDowningJr

    Colleen, and I love your name,I'm not saying sued successfully here. Did you see my answer about how high can someone jump? I know, it's all about me.
    Colleen

    Moderator
    I did see your answer. When I answered that, I could have sworn he had jump forward. How high could someone jump forward. That's what I read the first time around. For this question, I was answering Tommy, not your comment ;)
    DonDowningJr

    To jump forward is called the long jump.

    18 Answers

    ????

    Good question.  I have no idea what the law says, but people take advice from their friends all the time, in regard to various medical conditions.  Could they sue their friends if they mislead them?  There are even some "so called" medical sites on the internet, that are ALL wrong with their advice on some things.

    Maybe we should post a warning that THIS SITE IS ADDICTIVE!  What do you think?

    ed shank

    Just a bunch of akaqa dopers.
    Bob/PKB

    ....and me dragging in the morning from being on line all night!
    itsmee

    LOL ed shank and Bob/PKB
    tabber

    clu i still can not figure out why it is addictive. Any idea why?

    I have never seen, not that it doesn't exist, an answer that is specifically directing anyone to ingest or do something that is "out of the ordinary".  Generally, we preface our advice with "In my opinion" before going further.  
     I doubt anyone could be sued, but it wouldn't hurt to emphasize we are not medical professionals....well, some of us ARE, but are careful in their responses already. 

    Not likely Tommyh.  You wouldn't be sued because you have no financial benefit from such recommendations. However, I cannot say the same for akaQA.  It does receive financial gains from having people read YOUR answers.


    It wouldn't hurt for akaQA to create "disclaimer" and "waiver of liability" buttons to further insulate themselves.  New members must click these buttons prior to joining.


    I know where to find you, Tommyh.  :)

    itsmee

    Chiangmai, I got this information when I first joined akaQA. The “informant” quit because he wanted to be paid! I stayed on with hope in my heart for $$. I still hope ... but not very much and not very often. I like AKA and sometimes worry that I’ll have to pay them.
    I am glad you’re here. You pass on some good advice. : )

    I think it`s fine to give your opinion ..so long as you stress that you are not here to dish out medical advice or diagnoses..and that people should always consult their GP`s for anything health wise that is worrying them!!!;-0

    Normally Tom I would agree But i need a second opinion ..lets just flip a coin.YES i agree a disclaimer would be in order..

    Bob/PKB

    BIG SMILE :D
    itsmee

    Another BIG SMILE :D

    Is "how big is my shlong?" a medical question?? Hmmmm? Go ahead and sue me then Mr. Stubby!   LOL


    Disclaimer>>I am not responsible for my typing activities at this time...no particular reason...just not!  :D

    Chiangmai

    I detect a little angst, lindi. Just kidding.

    :)
    lindilou

    ....maybe a little teen-age angst leftover from the 70s...nothing major..dang it!!! ;D

    I doubt it Tommy. No one has ever claimed to be medical doctor on this site.

    lindilou

    True True! Not even the good Doctor DooLittle proclaims that!!!...my own doctorate only covers yapping!! Hee hee!!! ;D
    ed shank

    Ann, although your right. How many frivolous lawsuits have been filed and won on some idiotic legal formality?
    Colleen

    Moderator
    Actually one person did. I told him until he could produce proof that he was a doctor, he could not sign his name Joe Smith M.D. (not the name he used but it is how he signed all his comments). He stopped signing off that way and eventually left.

    No, that's silly, we never claimed to be doctors. I reply with "I think" I think.............

    Bob/PKB

    I think you do, too.

    Generally the answers Ive read to direct medical questions here refer them to seek the advice of a medical practitioner, however requesting an opinion, advice or alternate ideas is different, no one here prescribes medication and it's no more than offering ideas or recounting experience,so I would seriously doubt that anyone would be liable,

    Tommyh

    Good answer.I'm not really worried about being sued.I just thought it was an interestin subject.

    how could a lawyer take the case? Is it not hearsay.

    mycatsmom

    and a lawyer would have a hard time figuring out our names and addresses,etc.
    sandie3

    too difficult.
    itsmee

    Many years ago I was in a group discussion much like this. A member was given the wrong medication from a psychiatrist. She became very depressed and killed herself. (as I understand it) The police went to various members on the site and asked them if they had any further information than there was on the transcripts. The only thing I had ever said to her was, “Do you have a K-pig sticker on your back windshield like I do?” She said she had one and that was that. I was not interviewed but I sure could have been.
    ed shank

    There LAWYERS, that's how.
    Colleen

    Moderator
    No one here is a paid professional. Everyone is a volunteer with no published qualifications. It's users risk when they accept an unqualified person's answer or opinion. This is how any court would see it. No one on this site can be sued for anything. The internet has different rules than real life has. There's nothing to worry about.

    Good question I say know as we dont charge for answering if we were charging then that would be whole different ball game

    People will sue for any reason. While working at prisons i was sued six times for such stupid things. None ever reached the courts and were thrown out in the first stages of investigation.  One was taking away a convicts pink underwear from him.  You just never know.  I enjoyed making fools out of them for trying.

    Tommyh

    If you took away my pink underwear I would sue you to.ROTFLMFAO!!
    lindilou

    Beyond stupid...the sitsdem sucks man...un-freakin'-real.This is lunacy man!!! I'm actually impressed by how completely insane life really is.....un-befreakin'-lievable!!

    Famous last words of Obama, "Yes we can"!

    DonDowningJr

    Obama had a T-shirt with "Yes we can".

    I commentt  that I don’t have medical experience. I don’t so it’s only right.  Good question, Tommy. Well I am a medical assistant but that’s not enough.

    itsmee

    I have seen the name Russrocks a lot. I don’t know what he/she has said-can’t find it. Could someone please tell me about this person. (Only the GOOD : D )
    itsmee

    Curiosity drives me on. Thanks richardjames.
    Colleen

    Moderator
    If you take being compared to a banned account a compliment, then you're not as bright as you try to make people think you are. This of course is just my opinion stated as a member and not as an "agent" of akaQA. I am entitled to the same freedom of speech that all members are entitled too. The admin told you this already, or was that Russ they told it to? I'm not sure, the two of you are so much alike it's just too hard to tell you apart.
    Colleen

    Moderator
    As you know or at least should have seen if you truly read all of "his" postings. I make it clear when I am acting as a moderator. Like now....I am now commenting as a moderator....if you have an issue with a moderator here on akaQA, then you are to address those issues with the admin and NOT the members of akaQA. End message from moderator of akaQA. Funny how both you and Russ are the only ones who can not tell when I moderate and when I post as a member. Only you and Russ have an issue with me enjoying the same freedom of speech as all the other members enjoy.

    ....a bad lawyer may try to make a buck off a client; an ethical lawyer would explain the remote potential and difficulty to a client.


    ....who would trust a stranger on this site ?

    Ducky

    Moderator
    Awww, don't you trust me Mr.There? :)
    Benthere

    ....sure I do Duck, as much as you trust me.
    Ducky

    Moderator
    Strange as it seems, there are people here on aka that I do feel I can trust. YOU would be one of those. Just don't ask me to send $. lol
    Benthere

    ....LOL, and vice versa.

    any one can sue or be sued.But, the trick of it is........to collect the money you won from the law suit. Many people just aren't going to pay up.....they don't have the money.


    You can't get blood out of a stone.



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