Medical disclaimer

This medical disclaimer may be suitable for use on websites that provide free medical information – such as the websites of healthcare providers.

This disclaimer may be used as a stand-alone document or as a part of general website terms and conditions.

This medical disclaimer is designed to help clarify the publisher’s responsibilities and thereby reduce the legal risks associated with this kind of website.

See also our medical website terms and conditions template, available on Docular.

*A licence to use this disclaimer without the credit/attribution text.

Body x-ray

More about medical disclaimers

This disclaimer may be suitable for use on websites that supply free medical information – for example, information about injuries, diseases, pharmaceuticals, therapies, medical devices or health products.

The disclaimer provides that such medical information is merely information – not advice. If users need medical advice, they should consult a doctor or other appropriate medical professional. The disclaimer also provides that no warranties are give in relation to the medical information supplied on the website, and that no liability will accrue to the website owner in the event that a user suffers loss as a result of reliance upon the information.

Of course, this kind of liability disclaimer will not always be enforceable. The courts regularly rule that limitations and exclusions of liability are ineffective (on various grounds). You should take advice from your lawyer if you may wish to rely upon a disclaimer of liability.

The disclaimer may be used on its own or used as part of another legal document.

The contents of this medical advice disclaimer are as follows: (1) no advice; (2) no warranties; (3) professional assistance; (4) limiting our liability; and (5) this disclaimer.

Comments

Your disclaimer says:

(5)      Limiting our liability           

Nothing in this medical disclaimer will:

(a)      limit or exclude our liability for death or personal injury resulting from negligence;

(b)      limit or exclude our liability for fraud or fraudulent misrepresentation;

(c)      limit any of our liabilities in any way that is not permitted under applicable law; or

(d)      exclude any of our liabilities that may not be excluded under applicable law.

A disclaimer that simply excludes all forms of liability will be invalid in English law, and therefore useless.

For example, the specific exclusion in 5(a) reflects the requirements of Section 2(1) of the Unfair Contract Terms Act 1977: “A person cannot by reference to any contract term or to a notice given to persons generally or to particular persons exclude or restrict his liability for death or personal injury resulting from negligence.”

You will find this sort of qualifier in most well-drafted English law disclaimers.

Setting up any type of health site, even for information purposes is risky, even a medical disclaimer will not prevent someone from getting an attorney, and suing you, as you can sue anyone for any reason; the legal fees alone will more then likely bankrupt you if you are just a small player health site offering information; Since your health site operates online, then I imagine they could file suit in federal court, however, I could be wrong on this, either way, in order to protect what little assets you may have left, then you should setup LLC and obtain some type of general liability in the event someone gets wise then tries to sue you because they read your health article, then something bad happens, and if that happens, then you will get sued, regardless if you have a disclaimer or not, then you will have to defend that in court, and legal fees will follow.

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