How do I legally write medical related ebook?

[DonnaLeona]

Hi,

I want to write an ebook about a medical condition a family member has treated successfully with natural methods.

How do I do this without offering "medical advice" since I'm not a doctor?

Thanks for any advice or help!

Best,
Donna

[Rachel Goodchild]

the more case studies or "in your own voice" ideas you can add the better

[George Wright]

Hi,

To be 100% confident you will need to talk to a lawyer schooled in this very specialised area of the law and have him prepare you the proper disclaimers.

If the above is not an option, you need to purchase some pre written disclaimers from a reputable Internet Attorney. There are a couple of Warriors who practice law.

Being a former Insurance Agent I'd also recommend some E & O or whatever they call it for authors.

Disclaimer: Nothing I say in this post should be thought of as legal advice because I do not know anything about anything.

George Wright

[R Hagel]

I'd take it a step further than Devanand and say speak with a lawyer about how to write the book (and have the lawyer draft the disclaimer). It's likely you'll be told things like your book can't claim to cure anything and such. But IANAL, so do check with a lawyer so you don't have any expensive headaches down the line.

Cheers,
Becky

[Debbie Songster]

You need to make it quite clear that you aren't in the medical field and that the events you are portraying are the experiences of someone you know and that its not meant to replace the advice of their physician.
To seek qualified medical advice when dealing with their health care plan. And before using any of the methods or techniques revealed in the ebook please consult your physician.


Thats the type of information you need to put in the ebook

You may want to consult with an attorney before turning the ebook live.

Hope that helps

[DonnaLeona]

Hi,

How have other warriors handled this - do it yourself or use an attorney?

Can you suggest a good internet attorney?

I realize the expense of good legal advice is better than future problems but what is this likely to cost for the proper disclaimers?

Thanks,
Donna

[Daniel Deegan]

The best way to do this is to position your self as a "researcher" or "professional researcher". I think it's best to use this position when authoring in all types of niches if they are ones you are not personally involved in. In general if I sell info products my business would legally be described as a research and publishing firm..

Props to Perry B. for the orginal insight...

[Lloyd Buchinski]

I do have most of the writing done for a (really good) site about a
medical problem and my little joke about it is "Do you have to be
qualified to give medical advice?"

It is just a joke because I am really careful not to give any kind of
advice on it. There are a lot of studies that support one position I
want to publicize a bit, but I am just careful to quote the relevant
parts of the study and give full credit to the professionals that put
it together, and list all their extensive qualifications.

No, I'm not going to check with an extensively qualified lawyer (ie
expensive) but I have been really careful about claims. I hadn't even
thought of a disclaimer but I guess I could put something up like "I
sure hope the professionals I've quoted here know what they are
talking about."

Oh well, time to sign off this post before I get too ridiculous.

[DonnaLeona]

Originally Posted by Gorilla Writer

The best way to do this is to position your self as a "researcher" or "professional researcher". I think it's best to use this position when authoring in all types of niches if they are ones you are not personally involved in. In general if I sell info products my business would legally be described as a research and publishing firm..

Props to Perry B. for the orginal insight...

Thanks for this advice. I like the idea of being a "researcher" telling what I've found out.

Donna

[AJ Ervin]

Originally Posted by Gorilla Writer

The best way to do this is to position your self as a "researcher" or "professional researcher".

I'll apologize to anyone I might offend before I even begin, this is just one person's opinion.

1. At least in the United States, NO ONE (not even board certified physicians) is beyond the scope of the law when authoring a book that relates to disease and/or management. Physicians whom may be identified as "expert witnesses" in the courtroom can be sued for their medical advice in a book, without regard to their credentials or disclaimers. That said, any of those physicians that is worth his/her salt still includes a thorough disclaimer. The vast majority probably consult an entire team of lawyers (or at least the publisher does) and a few other "experts" prior to the final print.

2. I would be careful suggesting that you are a professional researcher either in the book or on your site. It is just my interpretation but when I read "professional researcher"(especially in relation to medicine) I think of IRB approval, Privacy Boards, etc. Needless to say, in the US, medical research is rather heavily regulated. Additionally, I expect a "professional researcher" (again, in relation to medicine) to have a solid understanding of the body of medical literature that has been published on the given topic. In my world, professional researchers often spend months (or years) acquiring this knowledge and often have the credentials to back it up.

Now that I'm done ranting... My advice would be to write your ebook as a case report. Without significant verifiable evidence (involving multiple patients) that this natural remedy is in fact a cure, I wouldn't call it that and I wouldn't claim that it will work the same way for anyone else. On the other hand, I would tell your family member's story, explain what he or she did in detail and get the word out.

Finally, like everyone else said, I know lawyers are expensive but honestly, I think that's the cost of doing business (at least in medicine).

[Debbie Songster]

AJ - thank you for writing that.
As an RN - even while working - I have to be careful of the information I give out so anything in print is fair game for a lawsuit.

Lloyd writes "...There are a lot of studies that support one position I
want to publicize a bit, but I am just careful to quote the relevant
parts of the study..."

Quoting relevant parts of a study is dangerous because while you might think its relevant, taking it out of context may change the "relevancy".

One has to be very careful with any type of medical advice - really you shouldn't be giving any medical advice.
However, I think if the OP writes her "relatives story" and is careful not to structure it as advice she will probably be ok.

[Justin Mandel]

This is right on the money. IMHO unless you have case studies of multiple people (the more the better) who have been helped by this method it will be VERY difficult to sell this item in any desirable quantity without the social proof needed as "evidence."

Originally Posted by AJ Ervin

Without significant verifiable evidence (involving multiple patients) that this natural remedy is in fact a cure, I wouldn't call it that and I wouldn't claim that it will work the same way for anyone else.

Also just for your knowledge, there was lots of hoopla not to long ago about a "guru" who was arrested due to alleged unsubstantiated medical claims he made about a product(s) he was selling. I believe the eBooks that he wrote (or had ghosted) made him out to be a "professional researcher", but am not sure if that played any part in his arrest.

And you can find an attorney specializing in cyberspace law on an outsourcing site like Custom Web Design and Programming. Freelance Programmers. Outsource Web Development Outsourcing. I would make sure that the attorney you hire is from the country you live in and you have verified their credentials through the proper sources BEFORE hiring them.

[Jeffery Milan]

Make sure you offer a full disclaimer in your ebook. That's very important. Also remeber you get sued over advice not opinions. So offer recommendations or suggestions, in that way you ae leaving that potential customer to decide on their on whether or not your product is a fit for them. Before you put so much time, effort, and money into this project do research to see if their is even a market for your product. If you need anymore suggestions please feel free to pm me. I hope this help.

[Phnx]

The above advice only applies if you are American; if not the repressive US laws in this area have no authority over you.

I have to LOL at the eagerness to get you to rush to a lawyer though. You might be interested in this ongoing case where an 'alternative' health retailer bit back against the thugs of the FDA when they tried to get him for daring to have "testimonials" on his site. They've gotten away with this chicanery for years purely because people are too afraid to get off their knees, but hopefully not for much longer. The alternative health field in the USA is watching this case with interest.

Colloidal Silver Company's Fight for Health Freedom: An Interview With Ben Taylor (Part III)

If you are American, then make sure you have suitable disclaimers. You should be alright though, unless your book becomes wildly popular and drug sales drop as a result of people gaining relief from the information in your book.

[oortcloud]

I remember Trudeau switching over to information products "cures they dont want you to know about" because he stated that he was protected by first amendment "freedom of speech" laws. I am not stating either way if you are protected because of this, but I am surprised no one has mentioned how this plays into this issue and how far it does or doesnt protect you.

Perhaps it only shields trudeau against the fda and ftc and not personal injury from using one of the cures ?? Which brings up a good point. There are two facets to this question. Maybe we should clarify the question or the answers as we seem to be talking about two different things at the same time.

[duanecwilson]

I won't take up too much space here, for I don't know too much, yet. But I have observed a few things. As far as I know, Kevin Trudeau is NOT a doctor (whether you like him or not is immaterial), and many other non-doctors have made many millions of dollars writing about medical subjects. Sometimes they get in hot water, but often not. I have also heard of many other people in many other walks of life getting into legal trouble over nothing like the 9 year boy in New York State who had the State Tax Commissioner on his front lawn collecting 69 cents in state sales tax for selling worms. In our increasingly lawless society, you never know what to expect. So my advice, for all it's worth, just be careful and start writing. You probably have something good to say that people will want or you wouldn't be asking this in this forum.

[Charles E. White]

Originally Posted by Phnx

I have to LOL at the eagerness to get you to rush to a lawyer though.

Apparently, you don't know that much about American Law and disclaimers and the American people. I wouldn't even think about it without consulting an attorney if I were an American and going to write about a medical condition and cure. The people here love to sue! You definitely need a well-written disclaimer to cover your ass. They can sue you for leaving something out even. Omissions and errors!

[DonnaLeona]

Hi,
Thanks for all of the advice.

I've already done my market research and there is a demand.

I've decided to write this as "what worked for me" kind of story. It may not work for you and I won't make claims. I'll have disclaimers, make sure you know I'm not giving medical advice and force you to agree to my terms before you can read the story.

I'll mention repeatedly that you should consult a doctor and never stop taking your medication etc...

I may have an attorney look at the site for compliance too depending on the cost.

Thanks for the help,
Donna

[R Hagel]

Originally Posted by Phnx

I have to LOL at the eagerness to get you to rush to a lawyer though.

Speaking only for my post -- I rushed her to a lawyer because the title of her post is, "How do I legally write medical related ebook."

Really, only lawyers should answer law questions, cause the rest of us are just guessing.

Cheers,
Becky

[DonnaLeona]

This is what I've decided and I think it is the best route:

I won't say I'm a "medical researcher" but I will say that I live to research, love it, and all my friends and family call me when they want to know something, which is true.

Because of this ability to research and discover answers I have been able to create a "protocal" that works for this one person only. And it isn't easy, most won't do it because it involves lifestyle change.

I see stories like this in magazines all the time and people love to hear other peoples story.

A simple case of one person beating the odds.

Does this sound like a plan?

Donna

[RevenueRabbi]

I'd put:

This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering
professional services. If legal, accounting, medical, psychological, or any other expert assistance is required, the services of a competent professional person should be sought.

ADAPTED FROM A DECLARATION OF PRINCIPLES OF A JOINT COMMITTEE OF THE AMERICAN BAR ASSOCIATION
AND PUBLISHERS.

--
an attorney is still waaaaaaaaaaaaaaaay better obviously...

[docmac]

All of the above are excellent methods of attempting to protect yourself against potential litigation. Certainly, the disclaimer at a minimum.

It is sad to think that the production of a very useful product can be terminated due to the cost involved in trying to protect yourself against potential litigation.

I am a physician (internist) and rarely make a specific recommendation when writing articles or post. At the most I may suggest something based on how it has worked for other patient's with the clarification that the information should be given to their primary care doctor for further discussion.

I am curious to know how much actual case law is out there related to someone being successfully sued for providing harmful advice or authoring information that was misconstrued as actual advice.

Obviously it doesn't take much to stir up a little litigation in the hands of the right or wrong attorney. All you have to do is look in the Sunday paper at the advertisements asking you to call if you have ever taken a certain drug that received bad publicity in the media, due to deaths or complications.

I assure you, I am not taking a stab at attorneys with this post (I was married to one).

I just think we have to do the best we can to protect ourselves and not step over that line where sharing information becomes advice and recommendations particularly when there is potential for harm if the information is misinterpreted or used inappropriately.

[radhika]

Originally Posted by DonnaLeona

Hi,

I've decided to write this as "what worked for me" kind of story. It may not work for you and I won't make claims. I'll have disclaimers, make sure you know I'm not giving medical advice and force you to agree to my terms before you can read the story.

Donna

Also take advice of couple of medical people before actually putting stuff on the net.

Write it as your experience, NOT as an advice or treatment recommendation.

Also point the references or web sites you have done your research with.

.

[Collette]

I write for this market, and here are a few things to consider:

- You can write just about anything in a book, including an assertion that XYZ can "cure" something. However, you CAN NOT make such claims in ANY sales copy, including press releases, ads for the book, book jacket copy, etc.

If you do, the FDA and the FTC will be all over you in a heartbeat. I can not emphasize this enough. You CAN NOT claim that something "cures" any condition - UNLESS the FDA has said it does.

- Books enjoy a certain amount of First Amendment protections. Sales and marketing copy most definitely do not.

- In your book, you can report the results that you or others experienced as a result of using a particular method or product. You MUST have documented evidence to show that the results you claim happened did, in fact, happen. In other words, no making stuff up.

For example, I can claim that drinking a gallon of apple vinegar every morning before 7 am cured my pancreatic cancer. If I can show proof that my cancer disappeared spontaneously after I took up this regimen, I'm clear.

- You can use published research to bolster your case. Same caveat applies as above.

- You CAN NOT make the specific claim that your "cure" will work for everyone with the same, or similar condition. You can, however, state your BELIEF that it can be HELPFUL to those with the same or similar condition.

- You can use medical opinions, with their permission, and full attribution. No pulling quotes out of context to support your position. That opens you up for libel/slander charges.

- You can, BUT ABSOLUTELY SHOULD NOT, refer to yourself in the book as a "researcher" (in an amateur and very broad definition). Such terminology could certainly be considered misleading, and the FTC takes a very dim view of "misleading". It's the kind of "flexible definition" that leads to a substantial depletion of your bank account, or an enforced vacation at one of Uncle Sam's finest facilities.

- When you're done with the final draft, you should have the copy checked over by a lawyer familiar with publishing in the health-related field. If you're being published by a recognized house (and not self-published) they will usually take care of that step.

[Debbie Songster]

Excellent post Collette - thank you for making it

[Collette]

Very welcome. It's a balancing act, but it can be done.

[RevenueRabbi]

This is why Kevin Trudeau can still publish books even though the FTC has practically barred him from selling anything else.. it's that first amendment right..

[Thomas]

Donna, where are you from?

(If you're from anywhere other than the U.S., then all the above mention of the FDA and the FTC is pretty meaningless... and may even be contrary to applicable law).