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MyraB
MyraB, Attorney
Category: Legal
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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I am starting a written and video blog dedicated to mental

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I am starting a written and video blog dedicated to mental health. My blog is more for entertainment purposes and my website/videoblog would have a terms & conditions link detailing that the advice given is not to take the place of a medical evaluation with an established physician. I've looked on Dr. Drew, Dr. Phil, Dr. Oz and Dr. Amen's webites who all have something similar to this effect.
Could I be held liable and sued for malpractice for negligence if a subscriber using my sight ends up committing suicide or homicide or anything other harmful act to self or others? How do protect myself legally in this regard?
Hello and thank you for your question.

Generally, for a person to sue a medical professional there has to be a doctor-patient relationship and a duty owed to the person. The website would seem to create neither and you can include that in any disclaimer and terms of service. It is highly unlikely you could be held liable for what you post on the site, especially if you include disclaimers on the site stating that the website/videoblog is for entertainment purposes and that no physician-patient relationship is formed. You can also post a disclaimer of liability, for example:

The information is supplied by this website with the express condition, to which everyone using it is subject, that no obligation, responsibility or liability shall be incurred by this website and/or its principals for any loss or damage, whether incidental, special, indirect or consequential, in connection with, caused by, or arising from, any use of, or reliance upon, the information contained on the site.

Also, If information on the site can be accessed through subscription only you can repeat the specific disclaimers in the terms of service, and have any users acknowledge that they have read the terms of service and agree to them.

Please feel free to ask any follow-up questions.
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