Legal Issues with Medical Niche

16 replies
How safe is the medical niche? Say someone is searching about their illness and they go to my site which tells them what people usually take for it and they decide to take it and something happens to them, would I be liable if I have a disclaimer on there?
#issues #legal #medical #niche
  • Profile picture of the author Rod Cortez
    Originally Posted by TheRussian View Post

    How safe is the medical niche? Say someone is searching about their illness and they go to my site which tells them what people usually take for it and they decide to take it and something happens to them, would I be liable if I have a disclaimer on there?
    Can you be more specific? Are you referring to a health-related website? If so, you're better off asking an attorney in your jurisdication that specializes in these matters.

    RoD
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  • Profile picture of the author soudy
    I would go to related Health/Medical websites, check out their site. Most likely they are legit and probably have a legal TEAM, im pretty sure just by having a solid Privacy Policy and ToS.

    This is the disclaimer i have on my Diabetes site that i market for my 9-5. We have a legal team and this is what they told me was needed!

    Hope this helps!

    Also put a disclaimer like " It is not the intention of Diabetes-CareNow.net to provide specific medical advice, but rather to provide users with information to better understand their health and their diagnosed disorders. Specific medical advice will not be provided, and Diabetes-CareNow.net urges you to consult with a qualified physician for diagnosis and for answers to your personal questions."

    ALSO : if anyone is selling adspace or looking to trade adspace in the Diabetic or Health niche, PM me!
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  • Profile picture of the author TheRussian
    Additional Information

    If I used their disclaimer I should be fine right?
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    • Profile picture of the author David Keith
      Originally Posted by TheRussian View Post

      Additional Information

      If I used their disclaimer I should be fine right?
      Not even a little bit.

      Simply saying you are not responsible does not mean you are relieved of all liability. This stuff is much more complicated.
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    • Profile picture of the author myob
      Originally Posted by TheRussian View Post

      Additional Information

      If I used their disclaimer I should be fine right?
      This is not enough protection if you're promoting products as stated in your OP. Under those conditions, you will need a medical liability policy and release form that buyers must agree to before purchasing a product from your site. Even suggesting a treatment based on undiagnosed symptoms is a possible course for litigation if something does go awry. Consult a legal professional.
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    • Profile picture of the author Lloyd Buchinski
      Originally Posted by TheRussian View Post

      Additional Information

      If I used their disclaimer I should be fine right?
      This isn't about how effective the disclaimer is, but about ownership. Anything published including disclaimers are copyrighted. You need their permission to use it.
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  • Profile picture of the author WeavingThoughts
    If you misguide then that could be an issue. Though still include a bold and visible disclaimer with each article on the top. Then you will probably be fine
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  • Profile picture of the author talfighel
    You can use the disclaimer but I would be nervous to go into this medical niche. Unless I am selling a product that talks about the remedies of any health related niche and being an affiliate of it, I would not recommend it.
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  • Profile picture of the author lastdual
    If you source your info and have a clear disclaimer you should be ok.

    There are plenty of forums and sites that deal with alternative medicine, much of it not medically sound. Just don't misrepresent hearsay as facts. If you're promoting a treatment, always list all possible side effects.

    Obviously, the more serious the medical condition, the more care you should take. There's a big difference between giving advice about acne versus advice about cancer.
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  • Profile picture of the author TheRussian
    I won't be promoting any products with affiliate marketing, there will just be information about certain illness like the flu, pneumonia, infections etc.. and what people take to combat these illnesses.
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    • Profile picture of the author myob
      Originally Posted by TheRussian View Post

      I won't be promoting any products with affiliate marketing, there will just be information about certain illness like the flu, pneumonia, infections etc.. and what people take to combat these illnesses.
      Personally, for reasons already cited, I would avoid those topics like the plague. These illnesses can actually lead to serious complications without prompt professional medical attention, and should never be considered for self-treatment. :rolleyes:
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  • Profile picture of the author John Romaine
    This is an interesting topic actually....

    I recall when I first got started in internet marketing, I went to a few seminars, and was told constantly by slick marketers "Don't worry about whether you know anything about the niche you're working in....just interview experts and sell it. There, are people out there suffering, you can take advantage of that by cashing in on it."

    BLAH BLAH BLAH...

    At first this seemed like a good enough strategy. I mean, I had no idea. I was just like any n00b. I was just in it to make money. They were flashing around screenshots of $5,000 a day Clickbank earnings. I had stars in my eyes - so I set out to write an ebook on some type of illness, disease or whatever medical condition I could find, and "sell it".

    After performing some research, I found a marketplace, decided upon it, wrote my ebook, interviewed a few people, and packaged it all together nicely and put up my sales page.

    I gave NO thought, to what I was actually doing, because...

    1. That's what the gurus told me to do.
    2. That's what I assumed everyone else was doing
    3. I just wanted to make money

    The sales started coming in, and so too, did the emails. Emails from people DESPERATE FOR HELP. And when I say "desperate", I mean...about to die.

    After a few emails like this, I went back to the "gurus" and told them.."Hey this doesn't feel right, these people sound really distressed...one lady said she was going to lose her 85 year old grandmother, and was at her wits end, asking me for help. I don't know anything about this disease - what the hell do I do?"

    Their response was basically - "Just ignore it. Just keep selling the ebook".

    I was disgusted and took that site down. Do you know how painful it is to read an email like that and then go about deleting it, and hoping they just "go away"????

    I couldn't live with it. It was disgusting.

    We're in this business to make money, sure - but HELPING PEOPLE and DOING WHATS RIGHT, should come first. Infact, if you do those things, the money will come naturally.

    So, in answer to the OP - you already know whats right, and what isn't. Unless you're an expert on the topic, or a QUALIFIED health professional or DOCTOR, forget it.

    Its immoral, and wrong. Not to mention - dangerous for legal reasons.
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  • Profile picture of the author TheRussian
    Oh well, back to the drawing board...
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    • Profile picture of the author John Romaine
      Originally Posted by TheRussian View Post

      Oh well, back to the drawing board...
      There's nothing wrong with that.

      My mentor always says "Set better filters"

      Your first filter should always be "Am I doing the right thing?"

      Good luck dude, keep going.
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  • Profile picture of the author Bill Jeffels
    You're asking for a world hurt.

    Let's say you do make some cash.

    In this market and can be gone in an instant.


    Bill



    .

    Edit: Just noticed you changed your mind. Good idea and good luck.
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