Medical Teaching and Legalities

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A_C_E
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Medical Teaching and Legalities

Post by A_C_E » Fri Sep 13, 2019 7:38 am

I am a physician and am considering publishing a book, uploading some youtube videos and hosting a site to link to these. Would likely introduce questions in the near future for residents/ physicians as well.

If I am actively employed by a teaching university, do I need to disclose anything if I refrain from using my time paid by the employer or its resources? The contract says anything I do during my employment belongs to them....

Do I need to worry about legal protections if I am publishing medical content on platforms such as youtube? There are a ton of websites out there and not really sure how much protection is good enough.

Thank you!
Last edited by A_C_E on Sun Nov 17, 2019 8:53 am, edited 1 time in total.

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cheese_breath
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Re: University employment and Business

Post by cheese_breath » Fri Sep 13, 2019 8:41 am

A_C_E wrote:
Fri Sep 13, 2019 7:38 am
... The contract says anything I do during my employment belongs to them....

Thank you!
There's your answer.
The surest way to know the future is when it becomes the past.

ved
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Re: University employment and Business

Post by ved » Fri Sep 13, 2019 9:25 am

A_C_E wrote:
Fri Sep 13, 2019 7:38 am
The contract says anything I do during my employment belongs to them....
I hope you will think long and hard about having kids while employed there :D

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cheese_breath
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Re: University employment and Business

Post by cheese_breath » Fri Sep 13, 2019 9:28 am

ved wrote:
Fri Sep 13, 2019 9:25 am
A_C_E wrote:
Fri Sep 13, 2019 7:38 am
The contract says anything I do during my employment belongs to them....
I hope you will think long and hard about having kids while employed there :D
At least the kids will get free tuition. :D
The surest way to know the future is when it becomes the past.

megabad
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Re: University employment and Business

Post by megabad » Fri Sep 13, 2019 9:42 am

A_C_E wrote:
Fri Sep 13, 2019 7:38 am
I am a physician and am considering publishing a book, uploading some youtube videos and hosting a site to link to these. Would likely introduce questions in the near future for residents/ physicians as well.

If I am actively employed by a teaching university, do I need to disclose anything if I refrain from using my time paid by the employer or its resources? The contract says anything I do during my employment belongs to them....

Thank you!
Are you sure "you" want to publish a book and do the videos? Maybe your spouse wants to publish the book/videos and you could be a...supportive spouse...unpaid of course. Sort of kidding. Also, get a giant commercial liability insurance policy if you discuss anything medical in any media form.

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Re: University employment and Business

Post by LadyGeek » Fri Sep 13, 2019 10:19 am

This thread is now in the Personal Finance (Not Investing) forum (employer agreement).
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adamthesmythe
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Re: University employment and Business

Post by adamthesmythe » Fri Sep 13, 2019 10:26 am

Traditionally university faculty have retained the rights to textbooks that they publish. (Some have done very well financially; most earn little more than the cost of a nice dinner).

Either you are not faculty or your university is unusual.

Your options are to (1) become faculty (2) discuss this with the lawyers and renegotiate, possibly for this specific case only, or (3) publish in the public domain.

Much as I find it annoying to talk to lawyers, I think you should get this cleared in advance whichever way you go.

About insurance- many universities agree to defend faculty for actions taken in the course of their professional responsibilities. (Who would ever write review letters otherwise?) Check this out also before you proceed.

There are probably official policy documents somewhere.

Topic Author
A_C_E
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Medical Teaching and legalities

Post by A_C_E » Sun Nov 17, 2019 8:52 am

megabad wrote:
Fri Sep 13, 2019 9:42 am
A_C_E wrote:
Fri Sep 13, 2019 7:38 am
I am a physician and am considering publishing a book, uploading some youtube videos and hosting a site to link to these. Would likely introduce questions in the near future for residents/ physicians as well.

If I am actively employed by a teaching university, do I need to disclose anything if I refrain from using my time paid by the employer or its resources? The contract says anything I do during my employment belongs to them....

Thank you!
Are you sure "you" want to publish a book and do the videos? Maybe your spouse wants to publish the book/videos and you could be a...supportive spouse...unpaid of course. Sort of kidding. Also, get a giant commercial liability insurance policy if you discuss anything medical in any media form.
The university finally got back to me and said I would be retaining the right. Edited the title and question to reflect new question....-


Oh boy, liability insurance wasn't something I was considering- Wouldn't saying something along the lines of "informational purposes only... No guarantees to accuracy... Not personalized care" in the legal disclaimer on the website help with this piece?
Any idea how to legally protect myself?

A cursory search showed one cannot be sued:
https://www.videomaker.com/article/c09/ ... your-video

megabad
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Re: Medical Teaching and legalities

Post by megabad » Wed Nov 20, 2019 2:29 pm

A_C_E wrote:
Sun Nov 17, 2019 8:52 am
Oh boy, liability insurance wasn't something I was considering- Wouldn't saying something along the lines of "informational purposes only... No guarantees to accuracy... Not personalized care" in the legal disclaimer on the website help with this piece?
Any idea how to legally protect myself?

A cursory search showed one cannot be sued:
https://www.videomaker.com/article/c09/ ... your-video
I am not sure how your link specifically relates to making non-personal videos on medical topics. The link seems to be focused primarily on defamation and slander of an individual which it doesn't seem would be the focus of your side projects. I would think your legal exposure would be highly dependent on the exact content of the media in question and how popular it is. I would seek professional legal advice if you have any doubts at all. Truth be told, I don't even know if insurance companies would cover something like this especially since it is hard to distinguish from your personal and business identity.

A physician (practicing or not) has an automatically large target on his/her back and we live in litigious times. I would hate to see someone get in serious legal trouble over a few youtube videos or a book. In other words, I would make sure the risk/reward ratio is appropriate before pursuing. Just my thoughts. Dr Oz has been sued more than once, but I suspect his risk/reward calculation still has him coming out ahead. We are not all Dr Oz though.

J45
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Re: Medical Teaching and Legalities

Post by J45 » Wed Nov 20, 2019 3:54 pm

So first your contract probably means that whatever you do during your work hours, belongs to your workplace. That's fair!

Now your workplace should not have anything to do with what you do, outside of your work hours. Its like moonlighting! You cant work at two places at the same time!

In case you are still not sure, talk to your dept. chair or HR since they wrote the policy and will be able to clarify "how much belongs to the institution." I dont think that a workplace will make you sign an umbrella statement about you activities, outside of workplace.

You could also get help from your local (DB) or call national branch of your field and they will have enough info on this.

Of course, do not violate HIPPA

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Re: University employment and Business

Post by willthrill81 » Wed Nov 20, 2019 4:46 pm

deleted
Last edited by willthrill81 on Wed Nov 20, 2019 4:48 pm, edited 1 time in total.
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willthrill81
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Re: Medical Teaching and Legalities

Post by willthrill81 » Wed Nov 20, 2019 4:47 pm

J45 wrote:
Wed Nov 20, 2019 3:54 pm
Now your workplace should not have anything to do with what you do, outside of your work hours. Its like moonlighting!
Some employers contractually forbid such behavior, and the courts have generally upheld employers' ability to do so.
“It's a dangerous business, Frodo, going out your door. You step onto the road, and if you don't keep your feet, there's no knowing where you might be swept off to.” J.R.R. Tolkien,The Lord of the Rings

Topic Author
A_C_E
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Re: Medical Teaching and Legalities

Post by A_C_E » Sat Nov 23, 2019 5:07 pm

Thank you for all the responses.
My workplace was ok with me starting the business.
I can't figure out what insurance to get though. Looking through youtube, there are a bunch of people doing this. Also several businesses such as WebMD put content out there but not really sure what steps to take. Would appreciate any help others could offer, especially content creators.

phornsby
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Re: Medical Teaching and Legalities

Post by phornsby » Sat Nov 23, 2019 5:30 pm

This is puzzling. I am a medical school faculty member, basic scientist rather than physician. All faculty, medically qualified or not, publish professional articles and most of those are on the web, sometimes web only. But we never think that we need to protect ourselves against lawsuits, even though what is published could be thought of as medical advice. So if that is considered OK, I'm wondering if you really need to be concerned about being sued?

Teague
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Re: Medical Teaching and Legalities

Post by Teague » Sat Nov 23, 2019 5:32 pm

A_C_E wrote:
Sat Nov 23, 2019 5:07 pm
Wouldn't saying something along the lines of "informational purposes only... No guarantees to accuracy... Not personalized care" in the legal disclaimer on the website help with this piece?
Any idea how to legally protect myself?.....

My workplace was ok with me starting the business.
I can't figure out what insurance to get though. Looking through youtube, there are a bunch of people doing this. Also several businesses such as WebMD put content out there but not really sure what steps to take. Would appreciate any help others could offer, especially content creators.
I might start with a liability insurance broker. Even if they don't handle what you need they may be able to point you in a direction. I'd probably also ask malpractice insurance providers, to see if they have any input.

As far as the disclaimer goes I have no idea what that's worth as far as legal protection. But I'd think even with the most airtight disclaimer, if your book says "the standard of care for rattlesnake envenomation is applying a running outboard motor ignition wire to the bite site" that you've got a problem, disclaimer or not. Kind of like how those signs in the parking lot that say "not responsible for damage to your car" usually don't mean much.

Naturally, consult a qualified lawyer to see what you in fact need to do or pay for.

Good luck.
Semper Augustus

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