Posted by garnet71 on July 4, 2009, at 17:39:02 [reposted on July 5, 2009, at 1:20:53 | original URL]
In reply to Re: will there be a 'no twitter' list? » Zeba, posted by 10derHeart on July 4, 2009, at 16:13:11
Just another view to add to that "disclaimer" or "ememption" concepts...
I don't know anything about law, but I do know almost every website, service provider, business has some type of "disclaimer" that supposedly exempts them from being at fault if any harm is done. For example, when I got my home inspection done, the inspector was 'exempt' from not knowing about any damage which he could not see. Well, in my basement, there was insulation stapled under the floor in one spot-it was hiding severe termite damage. It was unusual the insulation was only in that spot. I did not even think of it until later when my bathtub almost fell into my basement. I think the home inspector should have noticed the insulation roll and peeled back a corner to look into it, especially considering he saw other past termite damange, but he did not. Did I sue? No, I could not risk paying an attorney if I lost, like most low-income people. The area was easily accessible and I feel he should have known better to at least check, being the expert and all. Knowing nothing about construction, termites, and structure, I was dependent upon his expertise. Would I have won a suit against him despite the disclosure? I'll never know, but I do know people get sued all the time despite these types of 'disclaimers'.
I think a person who comes to a mental health forum run by a mental health professional and doctor has a reasonable expectation that their mental health distress comments will not be taken and broadcast to the world. Furthermore, just because we "agree" with the disclaimer by posting on the site, does that mean Dr. Bob can just take our posts, print them out, and bring them to our personal therapists and doctors or broadcast them on TV during a discovery channel episode? Hypothetical examples, but really, think about the implications, the harm that CAN be done if one wanted to...There is an expectation of some sort of safety/privacy in connection with the posts - in relation to the OWNER of the site - expected from the posters here, I think, because Dr. Bob is a mental health professional who we believe is aware of the rules that govern the mental health profession and patient disclosure laws. We would expect him to be sensitive to these issues and not harm us despite the "disclaimer" that says he can do what he wants with our posts. The point is, we would not expect harm or the broadcasting of our distress (those who express it here), regardless of any disclaimer.
poster:garnet71
thread:904398
URL: http://www.dr-bob.org/babble/admin/20090529/msgs/905015.html