My partners and I have created a short introductory video tutorial on a medical technique known as tDCS that's used by hobbyists for self-enhancement.
tDCS is a form of neurostimulation that applies a small current to the brain via external electrodes for various effects, such as alertness, enhanced learning, etc. According to clinical studies tDCS is quite safe in the short term, but when applied incorrectly there are risks such as burns, headaches, etc. Longer term effects are unknown.
This is a small market test so we're trying to limit our up-front investment (i.e.: company formation) until we can prove demand. We reside abroad but are concerned by legal exposure in the US.
What are the main issues to consider if we want to cost-effectively minimize our legal liability?Note: The tutorial is a commercial offering for which we are charging a fee.
Liability insurance and a release of liability signed by the user (which may not be completely ironclad for such a purpose). This type of insurance is specialized so you need to find the correct coverage.
You must make sure that FDA approval is not required in advance. Also, you should obtain a large insurance policy. The damages for this could get very high.
You business should also be a corporation so that you don't risk your personal assets if the company is sued.
These are just a few of the issues I can see. There are many more risks that need to be addressed.
The above answer should not be considered and does not constitute legal advice. You should not rely on any of this advice because each case is fact specific and could be subject to different local, state, and federal laws. No attorney-client relationship exists based on this response.
Sounds great. People will be lining up to get ECT. Best to get a lot of insurance, and have a lawyer review everything. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
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