Cyber law

hello,

can you please elaborate your query a bit ?

 

regards-

rahul.gogreen@gmail.com

Details of my question: In case I log into a health consultation online. Are there any specific laws pertaining to medical consultation online. In short is the doctor liable for the opinion he has given in n online forum on a medical issue in INDIA and also ABROAD.

he has only opined his opinion, its upto u to follow

have u paid any fees  ?

Dear Rahul My question is not about any specfic scenario. I want to know about the legal asoects of online consultation. I am a doctor myself and am interested to know the consumer and provider liablities in online medical consultation in INDIA and ABROAD.

@Querist,

 

Unless you pay some consideration to the doctor you are seeking advice of, he/she is not liable in any matter relating to his/her advice.

 

If you pay and get wrong advice for which you bear any kind of loss/damage,you may go to consumer forum in your jurisdiction.

 

In online forums, either the consultant or the website company may be liable,but depends upon the terms and conditions of those parties i.e. the doctor or the website or both mutual agreements.

 

In case of disclaimer made by the website or the doctor or as the case may be,and you paid for the service too,whether the doctor advice was wrong or right and ,whether he/she liable to pay for the loss or damage you incurred due to that suggestion or advice, is a matter of question to establish the fact and cannot be determined in advance.Act done in good faith is not liable to become a punishable offence.

I have given sufficient explanation in my view.........

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

 

[Last reply to this thread]

Thats really elaborate! Though it still makes me think that we have nospecific laws. thanks for ur opnion.

Ms Mamta,

                    Professionals will be liable as per their own ethical standards fixed, and would be subject to scrutiny under various laws. For online transactions, apart from usual laws, the Information Technology Act shall also be made applicable.

                   So, the moment a professional doctor sets down to give advice, it should be based on procedures prescribed by usual medical standards.

                  Personally, I request that let not the commercialization of medicine be to an extent that any avenue is exploited for the said purpose. If it's going to be useful to the patient's then go ahead - otherwise kindly desist from such efforts.