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回复:向各位医生请教个法律问题

(2007-04-01 19:43:26) 下一个
Very good question and a very legitimate one.

1. About the stop-car-save-a-life situration: please use all your knowledge and skill try to save somebody's life without any worry. There is law to protect you -- Good Samaritan Law. In fact the photographers at the scene of Princess Diana's fatal car accident were investigated for violation of the French Good Samaritan law because they did not offer help.

2. For western medicine doctors especially in US, you do need to be careful because you most likely do not have lisences from all the States, since you do not know which State is that person is posting from (you can search my previous post long time ago). But in general, if you just provide correct common medical knowledge, nobody can default you. I do not think anyone here will acctually advise someone, for example, to change their medication dosages or start/stop a new medication here.

3. To protect yourself when answering questions, always give options but avoid use "advise", "recommend", "suggest", etc specific wording.

4. For Chinese medicine doctors in US, you could be at risk big time. To advise people to take your Chinese "medicine" (not food supplements) alone is illegal in US. There is no legal authorization for them to prescribe "medicine" to patients -- I know, many of them do prescribe Chinese medicine in US under the lisence of "accupuncture" and "rehab or complementary" care for their clinic, claiming those "medicine" are health food supplements. Strictly speaking, if in your post you say you are giving "medicine" to treat their medical conditions, you'll lose any day if someone wants to get you.

5. For those here selling "products", you yourself probable will be OK but the manufacturer will be at fault if something bad happens. A very important factor is how many people is getting hurt by your product. Remember the fen-fen class action case?

6. For this 论坛, I'd check the 论坛宗旨 carefully. As of now it says: 讨论一切与健康养生有关的话题. Enough said.

7. For ordinary Jane or Joe who ask questions here, please always always ask your doctors for any medical care issues. Anybody watches Fox News? It is so biased that many people think that News report is for entertainment only. Sometimes, it is also true here!

Sorry if I offended anyone. :)
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