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Legal liability for not using the CPAP machine
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westernartfan Offline

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Post: #1
Legal liability for not using the CPAP machine
If a person diagnosed with sleep apnea refuses to use the cpap machine and causes an auto accident, can failure to use the machine create additional liability/risk for the non-compliant person?

I use my machine each night, but I want to advise a friend of this risk if his sleep study reveals apnea and refuses to get treatment.
08-06-2016 02:57 PM
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icyura10 Offline

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Post: #2
RE: Legal liability for not using the CPAP machine
First, I ain't no freakin' lawyer nor am I an attorney so these are just my thoughts.

That being said....

Driving while impaired for any reason is always a bad idea.

In the most logical sense, it's not likely driving while being tired much different than being impaired on prescribed medication, illicit drugs or inebriated because of alcohol.

I'm more than convinced the law wouldn't make any distinction for any otherwise avoidable reason.

Having a sudden, previously unknown medical event occur while driving, resulting in an accident, would in all likelihood be categorized as truly being an unavoidable accident.

The significant difference being one event would likely be criminal and the other just civil.

Oh, and many insurance policies have escape clauses buried deep inside them that limit if not absolve the insurance company of any liability if an accident were caused because of a deliberate criminal act.

You might consider asking an attorney in your state for a professional and opinion and guidance on your query, as all this is nothing more than a simple man's speculation, nothing more, nothing less.

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(This post was last modified: 08-06-2016 03:49 PM by icyura10.)
08-06-2016 03:42 PM
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justMongo Offline

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Post: #3
RE: Legal liability for not using the CPAP machine
Some states are making it compulsory to disclose and treat. It seems Maryland is one example.

Regardless of compulsory or not; in a civil tort, there is the process of discovery; and depositions of various parties.
Any ambulance chaser with a bar card personal injury attorney would find out about non-compliance to cpap and use it against the other party.

INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
08-06-2016 04:00 PM
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icyura10 Offline

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Post: #4
RE: Legal liability for not using the CPAP machine
(08-06-2016 04:00 PM)justMongo Wrote:  Some states are making it compulsory to disclose and treat. It seems Maryland is one example.

Ahhhh yes.. .Maryland.. but then again its Maryland... the state that taxes the rain that falls onto your property! Huhsign

Soon I'm sure they will find a way to tax you or fine you for flatulence

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(This post was last modified: 08-06-2016 04:47 PM by icyura10.)
08-06-2016 04:46 PM
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justMongo Offline

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Post: #5
RE: Legal liability for not using the CPAP machine
Since I live in the Народная Социалистическая Республика Калифорния, I cannot throw stones at Maryland.
I am, however, trying to escape from this ГУЛАГ.

INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
08-06-2016 05:22 PM
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FrankNichols Offline

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Post: #6
RE: Legal liability for not using the CPAP machine
Well, I understand the question, but I question the question. Wouldn't a better question be, would the person be morally responsible driving with a known compromising medical condition and falling asleep and killing a bus load of children - regardless of how unlikely it might be?

I have no sympathy for anyone that drives with a known condition that could compromise their ability to drive safely. NONE. PERIOD. ZIP. I have no sympathy for such a person either.

So, I would tell my "friend" that and I would recommend that they should seek the advise of a lawyer and either a Rabbi, a Priest or a Minister.

I am not a Medical professional and I don't play one on the internet.
Started CPAP Therapy April 5, 2016
I'd Rather Be Sleeping
08-06-2016 05:53 PM
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justMongo Offline

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Post: #7
RE: Legal liability for not using the CPAP machine
Or their Imam.

INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.
08-06-2016 07:23 PM
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PoolQ Offline

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Post: #8
RE: Legal liability for not using the CPAP machine
I think you might let your friend read these responses to understand what a jury might be considering.
08-06-2016 08:36 PM
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Ghost1958 Offline

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Post: #9
RE: Legal liability for not using the CPAP machine
One can sue a ham sandwich in civil court.
Win lose or draw the machine will be cheaper than a lawyer.
08-06-2016 09:11 PM
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trish6hundred Offline

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Post: #10
RE: Legal liability for not using the CPAP machine
Hi westernartfan,
WELCOME! to the forum.!
I hope your friend will use his/her CPAP machine if sleep apnea is diagnosed.
Hang in there for more responses to your post., much success to you with your CPAP therapy.

trish6hundred
08-06-2016 09:22 PM
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