You wrap up a solo episode answering listener emails, casually telling “Sarah from Ohio” that her husband’s behavior sounds like a narcissist and she should lock the bank accounts. Two months later, you are served with a lawsuit from the husband for defamation and “negligent advice” leading to emotional distress, claiming your podcast constitutes professional psychological services. You check your malpractice policy, but the adjuster tells you that speaking to a public audience isn’t “therapy”—it’s “media,” and you aren’t covered.
Key Takeaways
- The “Media Liability” Gap: Standard Malpractice/Professional Liability covers client relationships. It does not cover advice broadcast to the public. You need “Media Liability” or “Publisher’s Liability.”
- The “Patient-Provider” Relationship: If a listener reasonably believes you are establishing a professional relationship (by answering their specific question), you are liable for the outcome.
- Defamation Risk: diagnosing someone you haven’t met (the husband) on air is a prime target for libel suits.
- Jurisdiction Nightmares: A podcast reaches 50 states. You can be sued in a state where you aren’t licensed and have no insurance coverage.
The “Why” (The Trap): The “Professional Services” Definition
I pulled the specimen policy for a standard Psychologist/Coach liability plan.
The definition of “Professional Services” is almost always limited to: “Services performed for a fee under a written contract with a specific client.”
When you podcast, there is no fee and no contract. Therefore, the advice falls outside the scope of your malpractice policy. However, because you used your credentials (“I’m Dr. Smith”), the listener assumed a duty of care. This leaves you personally on the hook for the legal defense.
[IMAGE: Screenshot of a podcast disclaimer that specifically limits liability]
The Investigation: Insuring the Mic
I called three major carriers to ask: “I have a podcast where I answer listener questions. Am I covered?”
1. The Hartford (Media Liability)
- My Analysis: They offer a standalone Media Liability policy.
- The Coverage: Covers defamation, invasion of privacy, and “errors and omissions” in content.
- Cost: Expensive for a solo podcaster ($1,200+/year), but essential if you have a large audience.
2. CPH & Associates (Therapist Policy)
- My Analysis: I asked about their “General Liability” add-on.
- The Verdict: It covers slip-and-falls, not podcast lawsuits. However, they noted that if the podcast is purely educational and generic, they might defend it, but it’s a gray area I wouldn’t bet my license on.
3. Hiscox (Business Insurance)
- My Analysis: They have a specific classification for “Bloggers/Podcasters.”
- The Solution: You can buy a policy specifically for your media business LLC. This isolates the risk from your clinical practice.
Comparison Table: Media Risk Coverage
| Policy Type | Covers Client Suits? | Covers Listener Suits? | Covers Defamation? |
| Standard Malpractice | Yes | No | No |
| General Liability | No | No | Maybe (Advertising Injury) |
| Media Liability | No | Yes | Yes |
Step-by-Step Action Plan
- The “Entertainer” Disclaimer: Your podcast intro must state: “This content is for educational and entertainment purposes only. It does not constitute medical or psychological advice.”
- Anonymize Everything: Never read real names or locations. Change “Sarah from Ohio” to “A listener.”
- Separate the Business: Run the podcast under a separate LLC. Buy “Media Liability” for that LLC.
- Avoid Direct Answers: Don’t say “You should leave him.” Say “In situations like this, many people find it helpful to…” Keep it abstract.
FAQ Section
Does my disclaimer prevent me from being sued?
No, but it is your best defense in court. It proves you warned the listener.
What if I interview a guest who gives bad advice?
As the publisher, you can be sued for what your guest says. Your Media Liability policy should cover “Guest Content.”
Is a guest appearance on someone else’s show covered?
Usually, yes. That counts as “Advertising/Marketing” for your practice, which falls under General Liability (Advertising Injury).