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Question! Is There A Legal Way To Give People Medical Advice?

by RedShifted
23 replies
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So I did some tests a while ago to prove if a certain niche would be profitable. And I discovered that its not only profitable, but I could make a decent amount of money IF I could figure out how to legally educate people on the topic.

Let me explain what happened -

There is a 2 billion dollar a year market out there that is geared towards getting people hooked on a specific pharmaceutical. In my opinion, its the most addictive pharmaceutical known to man. Not just mg for mg but the way they market it, they do not properly educate people about how addictive it really is. Kind of like tobacco.. except its 40xs stronger than morphine.

If you go online, you see thousands and thousands of stories of people trying to get off this medicine.

Many people may know that NRT (nicotine replacement therapy) is a very profitable niche. Problem is, its hugely saturated.

Well this niche, doesn't really even exist yet. Because doctors are responsible for taking patients off the medicine.

The thing is, the medicine is still very new, and nobody (even doctors) are educated about how to take patients off the medicine.

A few months back, I built a small list and had people offering me absurd amounts of money just write them a small guide. One guy paid me $100 just for a 30 page ebook, which I then sold to a few other people as well.

The thing is this. There is a SERIOUS lack of education about how to get off this medicine.

One of the BIGGEST problems is how doctors tell patients to take it.

I minored in chemistry in college, I'm not a medical doctor, but I have read tons of books on nutrition/biology/chemistry. I have also done 6 years of research so I'm good at piecing information together.

The thing is, this is a very unique drug. And it has a very unique problem. My ebook pieces all the data together, to show people exactly what the problem is, and WHY its such a serious issue in the first place.

The solution is a complete change in the way the person takes the medicine, and the way they dose it. Its not actually a replacement therapy at all.

When I wrote this ebook, incorporating all this data.. I wrote TONS of disclaimers, I told people "I'm not a doctor and the information in this ebook is for entertainment purposes only". The thing is, 2 people have already messaged me back and told me they got off the drug. So naturally I was very excited.

The problem is, I'm not even sure that what I'm doing is legal.
It goes against the doctors orders, but I have data the proves why the solution is effective. Doctors can't recommend the solution because it would take way too much time to explain to all their patients. And I don't believe the manufactures would want to make a pamphlet, because part of me believes that their goal is to KEEP people hooked on the drug.

Now, there are MANY drugs out there and many different ways of coming off them... that don't work.

But like I said, the way this drug works, the way it absorbs, the way its half-life becomes unstable at lower does, creates a very specific / real problem that people NEED a solution to.

SO my question is this. Is there any legal way that I can get this information out there? I KNOW it will help a lot of people. But I can NOT come off like I'm giving medical advice. If the entire book was written in a hypothetical way, with tons of disclaimers... does that make it legal?
  • Profile picture of the author fin
    Why don't you write a novel about a little cartoon man, Kevin.

    One day Kevin decided to do something different, so he started taking X at Y time. He woke up the next morning and felt like a million bucks. Kevin ran and told all his friends to do the same and they all got better.

    The end.

    But seriously, it does sound dangerous. I would speak to a lawyer.
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    • Profile picture of the author Tina Golden
      From what you've said, I would definitely consult a lawyer who has experience in this type of thing. Let the attorney write the disclaimer and tell you what else you should do to cover your ass.

      Normally, you can put in an ordinary disclaimer that states you are not a doctor and this information doesn't constitute medical advice. However, the details (albeit vaguely put) make your situation sound more dangerous. Not necessarily to readers, but to you.

      If Big Pharma truly is hiding the addictive nature of the drug, and this wouldn't surprise me, they won't be happy with you letting the cat out of the bag. Big Pharma has big legal departments - you definitely need to completely cover your ass.
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      • Profile picture of the author MissTerraK
        Well said, Tina!

        I worked in the medical field for years and dealt with the big pharmas as part of my duties. Absolutely get legal advice and from an attorney who specializes in medical/pharmaceuticals.

        Terra
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    • Profile picture of the author jimbo13
      You should not be doing this for many reasons.

      Two of which are that you are not qualified and have run no clinical trials.

      Dan
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  • Profile picture of the author PicnicTutorials
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  • Profile picture of the author PicnicTutorials
    I did a med ebook. I just added a detailed disclaimer to the bottom. I'm sure that's all you need.
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    • Profile picture of the author Tina Golden
      Originally Posted by picnictutorials View Post

      I did a med ebook. I just added a detailed disclaimer to the bottom. I'm sure that's all you need.
      Are you sure enough to cover his legal fees if he gets sued?
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      • Profile picture of the author PicnicTutorials
        Originally Posted by Tina Golden View Post

        Are you sure enough to cover his legal fees if he gets sued?
        Of course not. You can get sued for breathing. The point is to limit his exposer to being sued. Defending yourself against bullshit suits is the expensive part. I've liked into this. There are a couple firms that you can buy monthly preemptive legal fees. Like $20 a month gives you 200 hours of legal fees a year or so
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        • Profile picture of the author Tina Golden
          Originally Posted by picnictutorials View Post

          You can get sued for breathing.
          Of course you can get sued for almost anything today, but it doesn't make much sense to go around asking for it. Given the specifics of the OPs idea, telling him to not bother with legal advice is like telling him to wear a kick me sign on the playground.
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    • Profile picture of the author Alexa Smith
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      Originally Posted by picnictutorials View Post

      I did a med ebook. I just added a detailed disclaimer to the bottom. I'm sure that's all you need.
      And are you still going to be there giving the OP help and advice if and when court documents are suddenly served on him?

      It's unqualified people posting nonsense of this kind that underline the reason we should all remember that this forum really isn't a good place to ask for or take legal advice. http://www.warriorforum.com/main-int...al-advice.html
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  • Profile picture of the author PicnicTutorials
    Of course it's best to ask a layer. But all he is going to say is have a good disclaimer in place. You can have people even sign a doc saying they accept full responsibility and you are liable for nothing and the can still sue. A real suet or not does not matter. You are still the one that has to pay the lawyer to defend yourself.
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    • Profile picture of the author HeySal
      Originally Posted by picnictutorials View Post

      Of course it's best to ask a layer. But all he is going to say is have a good disclaimer in place. You can have people even sign a doc saying they accept full responsibility and you are liable for nothing and the can still sue. A real suet or not does not matter. You are still the one that has to pay the lawyer to defend yourself.

      Christ on a pogo stick -- what CENTURY do you think this is?

      Some people who piss big pharma off don't even LIVE to tell about it. If the answer is too correct and will cost them a lot of profits, this could go further than a little lawsuit - it could go all the way to murder charges if someone dies after using the method -- EVEN if their death is totally unrelated to the material. There's a DOCTOR who found a cure for cancer that is higher in survival rates than anything else they give us, and it's a CURE not a containment, and that doctor fought lawsuits for 14 years -- including some severe threats of being jailed forever - and a few attempts on his life. He was extremely lucky and finally got a judge in one of his appeals who said he wasn't going to jail the guy over corporate profit losses.

      Okay first of all - do you have any credentials that give you authority in chemistry or related research. If you are, you're kinda home free as far as complete persecution for "studies" you've done that "show" this kind of results. That's if you word the whole thing correctly so it's always "study results" and have documented the steps of the study correctly. But - you're still in one tight loop of legalities.

      If you don't have the authority, you're looking to get cooked for this one no matter what you do. Have you researched pub med to see if there are any studies by authorized entities such as research firms or universities? A lot of research that exists never makes it to light because Medical journals are stacked for pharma and health care moguls - the rest is just ignored unless there's a lot of powerful money behind making it public, and even then laws sometimes allow results to be edited by the wolves watching the hen house before it's released.

      Anyway - do some heavy duty research in Pub Med and find any research that is relevant and contact those entities with what you have. IF they find it valid, they might take it up for research on their own or they might just give it a thumbs up. There you have authority for what you are saying. Watch where their funding comes from before you give them any of your findings. If the drug is controversial enough you'll probably find a lot of research that supports your conclusion.

      Then you take the whole ball of wax to a lawyer. I wouldn't even bother taking it to a lawyer until you can find or get something from some entity that has legal authority to make statements that supports or demonstrates validity of your findings. Even doctors get slammed to a wall if they go against the system, even though they know what they are doing will work.

      I wrote an ebook about finding the cure for my dog's cancer. Knew a lot of the elements from human health for personal reasons. There was no way I could have legally gotten it out the door in a different form than I put it in, though - which was the story of meeting and healing my pup........and I never said "do this or that" -- the whole book is "I did this or that" - always descriptive and never proscriptive, so all it is, is a true story (albiet a very detailed one) -- and even then I had to load it down with disclaimers just to tell the story.
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  • Profile picture of the author thunderbird
    The best way I know of to legally give medical advice is to complete the studies necessary to become a medical doctor.

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    • Profile picture of the author PicnicTutorials
      Originally Posted by thunderbird View Post

      The best way I know of the legally give medical advice is to complete the studies necessary to become a medical doctor.
      Doctors only know what they read. They are often many times less knowledgable than a normal joe than focuses his brain in a certain area. Doctors are worthless. Every time I go to the doc I have already diagnosed my myself and I tell him what to do for me. When a doc leaves the room mid appointment and comes back into the room he was over on the computer using Wikipedia to confirm what you say to him
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  • Profile picture of the author seasoned
    Redshifted,

    To the best of my knowledge, you should ask them to check with their doctor, and say you are not a doctor and this should not be considered medical advice. HECK, I went to a site and asked about something and, now that I thik about it, the supposed doctor was stupid and likely NOT a doctor. I was told to go off toprol though it could cause tachycardia! For all I know, the stuff you are talking about could be similar. If so, you could be on the hook for someones DEATH.

    Steve
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  • Profile picture of the author Jack Gordon
    The only advice worth listening to in this thread is that which implores you to seek qualified legal counsel.

    Obviously, you've never been through something like this before, or you would know better. The risks are all around you. Spending a few hundred on the front end can insulate you from losing millions on the back end.

    Simple as that.
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  • Profile picture of the author bizgrower
    Besides top legal advice, ally with a doctor to get this information
    verified and published in the correct way.

    Dan
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    • Profile picture of the author seasoned
      Originally Posted by bizgrower View Post

      Besides top legal advice, ally with a doctor to get this information
      verified and published in the correct way.

      Dan
      Even a DOCTOR is not allowed to do that! A doctor could NOT, for example, come out with a multivitamin and say "Cures Scurvy, pelegra, beri beri, Helps the immune system, osteoporosis, arthritis, etc...." And that is PROVEN!

      Basically, doctors are NOT to use a drug for anything but FDA approved treatment, and no non FDA approved cure can be claimed to cure, prevent, or diagnose a disease. Most such things are to be prescribed and controlled by a doctor.

      Steve
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      • Profile picture of the author bizgrower
        Originally Posted by seasoned View Post

        Even a DOCTOR is not allowed to do that! A doctor could NOT, for example, come out with a multivitamin and say "Cures Scurvy, pelegra, beri beri, Helps the immune system, osteoporosis, arthritis, etc...." And that is PROVEN!

        Basically, doctors are NOT to use a drug for anything but FDA approved treatment, and no non FDA approved cure can be claimed to cure, prevent, or diagnose a disease. Most such things are to be prescribed and controlled by a doctor.

        Steve
        Steve,

        I understand what you are saying. It's why I suggested he get with a doc
        for help steering through all the protocols and can say/do and can't say/do.
        There are a lot of doctors on TV and radio and publishing...

        Also, there are many different medically supervised addiction treatment
        centers/processes throughout the USA and I figure he'd need medical
        and legal advice to get his process out and implemented PROPERLY
        within FDA, medical guidelines and procedures - if at all.

        Also, it might take the right ally to get this information out, if it's as valuable
        as it seems to be based upon what RedShifted posted.

        Dan
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  • Profile picture of the author yukon
    Banned
    Medical advice is a serious thing, it can also get a person jail time If something bad happens to someone else following the medical advice. There's a reason doctors have malpractice insurance.
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  • Profile picture of the author Dennis Gaskill
    Here's what I'd do if I were to do it:

    1. Find a doctor to partner with. It's a proven strategy.
    2. Hire a lawyer to go over it to get rid of stuff you could get sued over and to write any needed disclaimer.

    That's it.
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    • Profile picture of the author derekwong28
      There is no 100% certain way to give people medical advice without the risk of litigation. That is even if you were an eminent professor at the Harvard Medical School with a disclaimer written by a professor at the Harvard Law School. If it comes to court, it all comes down to the scientific evidence, credibility of the witnesses and also the emotions of the jury. There have been lots of cases where the medical practitioner have lost despite thinking that they had a iron-clad case for defense.

      In your case, the most important question is whether your protocol can actually do harm. If it comes to court, it seems that you have only got two anecdotal cases to support that are unpublished and thus not peer-reviewed. But even if they were published, this is probably not good enough. The prosecution will be asking for results of studies, especially of large case-controlled studies. So basically, there will always be some risk involved.
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