• Guest - w'd love to know what you think about the forum! Take the 2025 Survey »

Legal Implications of Helping Others?

@TorqPenderloin I do agree that we have to be super careful about how we present our information, even if it's exactly the same information but worded differently like you say.....especially with your suing culture over in the states ;)

What industry are you in? Out of interest.
 
MichaelWM I've been in local and national press speaking about how low carb and activity control my BS to the point it's in reverse mode . I always say it is what works for me but it might not work for everyone . Indeed at the moment I'm injured and being more disciplined.
I am so grateful to the members of this site , without them I would still be eating brown carbs etc at every meal and feeling awful .

Basically just tell people it's your experience, it sounds like that's what you have been asked . Or you could get them to sign a disclaimer lol.

Zand unfortunately the national guidelines haven't caught up with the low carb thing because it's relatively new ( well that isn't strictly true because my gran controlled her diabetes with "portions" in the 1970s , the portions were basically carbs). The HCP have to go by best practice and national guidelines or they could be called to account . I'm sure with all the talk of low carb etc the national guidance will change .
 
I've had a few people ask me how I've reduced my BG and lost so much weight. I've ALWAYS started the conversation with
a) I'm not an expert or health professional
b) Everybody is different so what might suit me might not be right for you
c) Don't come off any meds without discussing it first with a Diabetes medical professional

Then I give a short description of low carbing which 90% of the time is followed be the person seeking advice telling me they can't live without chips, pasta, jacket potatoes or rice. End of conversation.
 
Chook said:
I've had a few people ask me how I've reduced my BG and lost so much weight. I've ALWAYS started the conversation with
a) I'm not an expert or health professional
b) Everybody is different so what might suit me might not be right for you
c) Don't come off any meds without discussing it first with a Diabetes medical professional

Then I give a short description of low carbing which 90% of the time is followed be the person seeking advice telling me they can't live without chips, pasta, jacket potatoes or rice. End of conversation.
Click to expand...


Snap lol
I know what you mean .I didn't cut them out all together . I tested and found that a really small portion ( except the baked pot) was ok . It was more a taste than a portion but it worked for me . For me feeling better and looking better was more important than having loads of carbs ( I did go off the rails sometimes ).
 
Unless as part of a conversation you enter into some sort of contract where you guarantee to cure person As diabetes, I'm pretty sure the only thing they could sue you for if you didn't cure their diabetes, or if your advice to low carb led to some sort of injury, is negligence.

In order to prove negligence person A would need to prove that:

1. You had a duty of care
I can't imagine any court deciding that you have a duty of care in respect of medical advice to someone you are having a casual conversation with. Especially if you are patently not holding yourself out as medical professional. If you are planning on selling your advice, it might be a bit different. But normal conversation between normal people no duty of care.

2. Breach of duty
If a duty of care is found, it would be a duty to take such steps in the conversation as the reasonable man would take. All the advice that everyone else had given about saying it worked for you but everyone is different is really sensible advice - if you do that no one could think you breached your duty (not that I think any duty exists in the first place).

3. Causation
They will have to prove that the breach of duty caused them damage/injury/loss. Person A already has diabetes, he is going to have to show that he wouldn't have suffered any injury claimed, but for your substandard conversational skills and the injury claimed isn't just an unfortunate risk of life with a pretty big co-morbidity. That's likely to be very difficult to do.

In summary, I'd be amazed if anyone ever proved negligence. And, bearing in mind clinical negligence claims are usually rather expensive to bring (for person A's solicitor/their insurance company anyway) unless you are really obviously loaded why on earth would anyone bother trying for such a minuscule chance of success.

It's lovely you want to help people. Just help people as if you're a nice person & no one is going to want to sue you. :)
 
@catapillar That's exactly the kind of insightful response I was looking for, thank you for taking the time to provide me with it!
 
Back
Top