I would like to add my opinion about the potential for legal liability arising from postings related to health issues. Personally I would like to have the opinion of a US lawyer involved in this legal area, but I don’t know who to ask, so I’m just posting my opinion and what I discussed with a couple of other Chilean lawyers.
1) Even though in principles there should be no question that the intention of the thread would be the EA learning of medical astrology, and not the counseling of clients or patients, there are in fact many people who are seeking medical information on the internet, for their own health improvement or their client’s health. Also, there are many websites offering medical information. Here I found some information on this: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1761893/
2) Some of the information that these ‘patients’ or practitioners can find in this way can be suitable for their health needs, and some not, depending on each case, and since offering or just posting health information is different than counseling and prescribing-which needs to occur on an individual basis- in principle it should be the sole ‘patient’ or practitioner’s liability if they chose to apply the ‘information’ to the individual case.
3) This also involves the freedom of expression which is so important in the US constitution, much more than in other countries.
4) HOWEVER, the potential does exist that someone may wrongly apply the information and knowledge to an individual case to which it is not applicable, and obtain undesired results. Further, I can imagine that posting health information that can provide an accurate understanding or diagnosis, beyond consensus, or information that can work in very effective ways in the cases when it does apply, such as EA and Rad’s knowledge can offer, can attract people wanting to put such source of information down. And, in these cases, the ‘arguments’ against this would of course revolve around medical information ethics, medical fraud (http://www.ftc.gov/opa/2001/06/cureall.shtm
), etc. A specific point to consider relates to ‘alternative’ remedies, and further, some remedies which the same website offers or refers to.
5) I totally agree with the need to consider a very clear DISCLAIMER. I think a Disclaimer should state:
(1) That the information posted has a general nature, or applies only to the real or hypothetic birthcharts discussed, and does not mean to be applicable to other people.
(2) That each individual case is unique, and thus, the individual people should not rely solely on EA medical information that has not been given on an individual consultation basis.
(3) That the information provided originates in astrological and alternative medical understanding, and not necessarily in medical science, and that the EA practitioners are not medical doctors or acting as such.
(4) That the type of medical information or knowledge that is shared here, including references to alternative remedies, is not meant to replace medical treatments or prescriptions when applicable, and that each individual person should always consult their own personal medical advisor.
Such type of Disclaimer could perhaps be added in the “If this is your first visit, please read this first”, in the heading of the thread, and automated to appear in the individual posts within the thread.
I think such type of Disclaimer should suffice, but I still feel that perhaps it could be good to have a US lawyer opinion on this matter anyway. I’m wondering who could I ask having knowledge in this field who would be willing to give advice without charging, but perhaps some other participating in this message board can have closer connections with US lawyers.
God Bless, Gonzalo