Cypress, CA asked in Personal Injury and Medical Malpractice for California

Q: Can I be held responsible for telling someone who has cancer to try some supplements?

I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.

I did not say that this supplement was going to cure cancer and I did not tell him to stop chemo. All I said was try this particular supplement.

If he decides to take the supplements and his conditions get worse, can I be held responsible?

3 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:

1. You did not claim to be a medical professional or present the supplement as a guaranteed treatment or cure for cancer.

2. You did not advise the person to stop their current medical treatment, such as chemotherapy.

3. The decision to take the supplement would ultimately be the person's own choice.

However, it is always best to exercise caution when offering health advice, especially to someone with a serious condition like cancer. A few points to keep in mind:

1. Avoid giving specific medical advice unless you are a qualified healthcare professional.

2. Encourage the person to discuss any supplements or alternative treatments with their oncologist before trying them, as some supplements may interact with their current treatment.

3. Be clear that you are not making any guarantees or promises about the effectiveness of the supplement.

While it is doubtful that you would face legal consequences in this situation, it is generally advisable to refrain from offering medical advice to others, especially those with serious illnesses, unless you are qualified to do so.

Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Under these facts, it is unlikely that you would be held responsible. You may want to be very careful in the way that you present the information to the person.

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: Probably not, based on the brief facts you presented. It doesn't look like you represented yourself to be a health care professional or anyone else with expertise in cancer medication. Ordinary people with no particular qualifications regularly give their medical advice to friends, family members, and co-workers, some of it good and some of it bad. Good luck

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