The legal responsibilities of the health-care librarian.
This article discusses the legal responsibilities that information intermediaries have towards the users of their services. The areas of law that affect legal liability are contract law, tort and strict liability. The likelihood of health-care librarians being held liable for the service they provide is assessed, and methods of reducing this risk are discussed. The key issues are: whether the recipient is relying on the information you provide and whether this reliance is reasonable; whether money changed hands; and whether the institution is under a statutory obligation to provide the information. All-embracing exclusion clauses are often used as an attempt to exclude liability, but their validity in law is doubtful, and they should be replaced by more reasonable ones. Adhering to good professional practice, and avoiding interpreting information for laymen are ways of minimizing liability. If court proceedings do take place, professional indemnity insurance can reduce financial loss.
Muir
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National Library of Scotland, Edinburgh, UK.
Oppenheim
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D007351:Insurance, Liability; D016365:Liability, Legal; D016245:Librarians / Q000331:legislation & jurisprudence*; D007992:Libraries, Hospital / Q000331:legislation & jurisprudence*; D007993:Libraries, Medical / Q000331:legislation & jurisprudence*; D012308:Risk Management / Q000331:legislation & jurisprudence; D013222:State Medicine; D006113:United Kingdom