Legal Implications of Helping Others?

[MichaelWM]

So I was down at the diabetic clinic today, and after sharing the great results I've had going LCHF a few others approached me at the end and asked if I can help them implement the diet with their own lifestyle.

(The dietician and specialist aren't familiar with lchf at all, let alone with using it in diabetes management).

I know I'm not a medical expert and I explained this to them, but they weren't bothered.

I'm all for helping people, but I can't help but feel that I may be liable in some way or another if something were to go wrong with them?

They know I'm no expert from the outset. Can I teach them how to go LCHF without making myself vulnerable for attack?

 

[britishpub]

I would point them in the way of websites or books on the subject, and let them make up their own minds from those sources.

You can advocate for the affects that the diet has had for you, but I would always advise others to find out for themselves first.

 

[tim2000s]

This site runs a low carb education programme. I'd suggest that would be a great place to start.http://www.diabetes.co.uk/lowcarb/

 

[MichaelWM]

So how do these two sources (books and the low carb programme here) give advice without themselves being liable, is it as simple as a disclaimer which negates all responsibility from them should anything go wrong?

Such a book or course is surely just personal experience/advice/knowledge wrapped up in words.

 

[MichaelWM]

http://www.diabetes.co.uk/disclaimer.html

Looks like what I said may be accurate, according to sections 2.1 and 2.1.1

 

[britishpub]

So how do these two sources (books and the low carb programme here) give advice without themselves being liable, i

Sorry I thought this was a sensible and legitimate question, but it appears I was wrong.

Please disregard my answer, and then you can have a pointless argument with yourself.

 

[MichaelWM]

Sorry I thought this was a sensible and legitimate question, but it appears I was wrong.

Please disregard my answer, and then you can have a pointless argument with yourself.

Well that's rude.

 

[MichaelWM]

Let me clarify, I wasn't being demeaning in anyway to this site or any other great resources out there. I was simply asking what makes one liable and another not.

 

[ickihun]

Disclaimers are fine but no full protection from the law. Cases galore on it.
I personally feel morally I have to help those worse off than me.
I wish someone had helped me when I was first diagnosed.
Society is getting fatter on low fat high sugar.
I wish i'd noticed sooner.
My addiction for carbs stops me achieving 100% success but I'm working on it.
Unless I'm intentionally trying to harm someone id be criminally responsible. On a civil action im poor so no financial gain to a claimant. Only benefit of being poor I guess!

 

[zand]

Well I look at it this way. HCPs give us advice that doesn't work because it's wrong. They aren't liable so why would we be? All anyone can do is say what works for themselves. Any legal claim surely would centre around negligence.

Edit: If you are not a professional and clearly state this then I don't see there can be an issue.

 

[MichaelWM]

I personally feel morally I have to help those worse off than me.
I wish someone had helped me when I was first diagnosed.

That's exactly how I feel, if I can help others escape some of the downfalls which come with having diabetes, then why shouldn't I?

I just didn't want it coming back to bite me that's all.

 

[ickihun]

That's exactly how I feel, if I can help others escape some of the downfalls which come with having diabetes, then why shouldn't I?

I just didn't want it coming back to bite me that's all.

You would have to satisfy a few things for negligence.
Duty of care
Relationship
Probability and more
From what I remember. Not hot on it anymore but personally I have no money to lose.

 

[ickihun]

Ultimately if you stick to your own experience rather than direct instruction. You should be fine.

 

[MichaelWM]

I guess I'd just share my experience. The way their eyes lit up when I shared my results, it was quite emotional, I wish I could have just poured out what I've learned from my brain to theirs right there and then.

 

[AndBreathe]

I think if life were fully covered by comprehensive guarantees, none of us would need to be here.

In terms of liability; I would say all you have to do, if you really, really want to become involved, is ensure you tell people you are not a health care professional but are relating your own story and some things that have helped others. Point out that not everyone's body reacts in the same manner, but many do, and go from there.

If you approach is as a cast-iron system, you may not face a court of law, but you're unlikely to make friends of all the people you tell.

For me, I think self testing is at the centre of all of this, as it forms a personalised, immediate, real-time feedback loop to the individual. They can assess their progress for themselves. By doing that, and seeing their numbers change for the good, bad or ugly, they quickly shift their confidence from you to themselves.

Although I have been posting here for what seems like a lifetime, I have only really got close to one person, in my close circle, who is T2 and "all of a sudden things changed", meaning the feedback from the medics went from "doing fine" to "this is going in the wrong direction". He didn't know his historic HbA1cs, because he'd been given that ultra simplistic feedback and he had been assuming from that feedback his actions, around diet, were correct.

It took a couple of hours. On not he phone to persuade him to acquire a meter, and 48 hours from receiving the meter to the call saying "where do I start with this mess?". All I did then was give him some pointers around the carb heavy stuff and set him off on am voyage of self discovery. Next step was, for him, and HbA1c of 41. Once he had the finger prick numbers, he was off on his own.

That is why I believe testing is critical, and if testing can begin with an unchanged diet, it can really show the big bad boys up quickly.

Empower folks, by helping them find their solutions. Only others can improve their own lives, but we can give them pointers along the way.

Not sure that answers your point, but taking accountability for someone else's actions is not required. If someone wants you to do that, they are not in the right place to take positive steps forward.

Sermon over, and soapbox dismounted. (Ooooops.)

 

[MichaelWM]

Empower folks, by helping them find their solutions. Only others can improve their own lives, but we can give them pointers along the way.

Not sure that answers your point, but taking accountability for someone else's actions is not required. If someone wants you to do that, they are not in the right place to take positive steps forward.

Sermon over, and soapbox dismounted. (Ooooops.)

What an epic post with valuable insight, thanks!

Those last few lines were bordering on philosophy, nice work

 

[13lizanne]

May I ask you @MichaelWM? Are you a student/in a legal/paralegal profession, or do you just have a very literal way of thinking? I ask this because you sound just like my brother who has terrible anxieties over questions like the one you just asked. I'm sure that nothing you could recommend/share would cause someone to sue you. All the best with helping others, you seem like a very nice man

 

[MichaelWM]

May I ask you @MichaelWM? Are you a student/in a legal/paralegal profession, or do you just have a very literal way of thinking?

I am a student but of molecular biology (we come with a set of anxieties of our own but yeah I guess I do share your brothers way of thinking.

Thank you for your kind words.

 

[zand]

I tend to think of it as an issue for my conscience rather than in legal terms. Morally I should tell people what helped me or maybe what mistakes I made. If they don't listen or it doesn't apply to them, no matter, I've done my bit.

 

[TorqPenderloin]

May I ask you @MichaelWM I'm sure that nothing you could recommend/share would cause someone to sue you. All the best with helping others, you seem like a very nice man

I suppose it depends on which country you live in, but here in the US, it's a realistic fear. I'm in a similar industry that is incredibly regulated and I have to be extremely careful about never saying anything that even comes close to being considered advice. While the chances of something like that actually happening in this case are incredibly slim, we are talking about a situation which, in the wrong circumstances, could be fatal (insulin management).

Each country has different laws but the general rule of thumb is that you can't offer specific advice or suggestions to people. However, you're generally free to share your experiences, observations, and cite medical studies/research.

Look at someone like Jenny Ruhl/Janet Ruhl/Jenny Brown (she has different pennames) . She's a romance novelist who also has ventured into writing books about diabetes. She lacks any sort of legitimate medical credentials, yet many people regard her as being an expert in diabetes. There's no reason why anyone else couldn't take the same path.