If someone sends me an unsolicited e-mail asking for medical advice and I reply, does that put me at risk for malpractice?

Answer from Elizabeth Brody Gluck, Esq. of Verrill Dana LLP.

A. Yes, you could be at risk if the sender is injured based on your advice.

Merely accepting and replying to an e-mail may be enough to establish a physician-patient relationship. You are at risk. However, the sender would still have to prove the other elements of a claim against you. That is, he or she may be able to show that a duty was created by nature of the newly-established relationship, but the other elements of the claim (including a breach of that duty, that your advice was a proximate cause of the individual’s injuries, and damages) would still have to be proven.

Elizabeth Brody Gluck is a partner in the Boston office of Verrill, Dana, LLP.  She represents providers and health care businesses on issues related to risk management, contracting, e-health, and innovative health technology matters.  You can contact her at: ebrodygluck@verrilldana.com

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