This medical disclaimer may be appropriate for use in relation to a website providing free medical information. It specifies that the information does not constitute advice, and makes it clear that the accuracy of the information is not guaranteed. Further, users are advised to seek professional medical assistance in the event that they are suffering from any medical problem.
The problems that might arise out of the publication of medical information are obvious. It is the nature of medical information that acting upon it, or not acting upon it, may lead to harm. For example, harm may result if a user decides not to visit a doctor because of something he or she has read on a website, self-prescribes some medicine based on that reading, ignore previous medical advice or neglects to take a medicine previously prescribed.
If the information published on the website is wrong, misleading or simply outdated, then the publisher may incur liability, notwithstanding the contents of a disclaimer. Even if the information on the website is correct, users may misinterpret that information that has been published, leading to harm. In this latter type of case, the law will help determine the extent to which the publisher and the user are responsible for the harm.
This free medical disclaimer contains the following sections:
- No advice
- Limitation of warranties
- Professional assistance
- This medical disclaimer
In many – perhaps most – countries disclaimers of liability are subject to regulation. In other words, there are limits upon the extent to which liability may be disclaimed. The provisions of a disclaimer may be unenforceable, and may in extreme cases even give rise to liability on the part of the person using the disclaimer. We therefore suggest that you take legal advice from a lawyer qualified in the relevant jurisdiction before using this disclaimer.
Medical Disclaimer by SEQ Legal LLP is licensed under a Creative Commons Attribution 2.0 UK: England & Wales License. Based on a work at www.freenetlaw.com. You must retain the credit in all versions and derivatives of the free medical disclaimer. If you want to use this template without a credit, you can obtain a license to do so here: Freenetlaw.com license.