Visitor answer
8 April 2013
Are you a certified doctor or physician?
The question
I'm starting a (private) business where I'll be advising patients on a course of care they are getting a various treatment centers. I'll be the resource, as an experienced nurse, telling them things such as 'I think you should ask your doctors/nurses about these levels' and may find myself going as far as recommending that they ask about different treatments than the one they are getting, or even to consult another center or doctor. Will I be liable for medical malpractice if things go wrong - or even defamation? How can I protect myself?
From the LawyerCentral forum archive. Originally posted 6 April 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
2 answers
Visitor answer
12 April 2013
I'm certainly not a lawyer, but if I'm not mistaken, any healthcare provider could be sued for medical malpractice. I can't provide you with a clear answer as to the liability you might face like a lawyer would because you're merely advising patients and not actually treating them. Since I am not an attorney, your best bet to protect yourself would be to speak with a defense lawyer in your area about potential malpractice liability before opening shop with your new business. Additionally, you need to remember each state has its own definition of what constitutes malpractice. Reading up on the specific statutes in your area certainly wouldn't hurt. Good luck with your new business.
I hope this link, specifically the section titled "Professional Liability," will lead you in the right direction:
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