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Legal liability for not using the CPAP machine
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westernartfan Offline

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Post: #21
RE: Legal liability for not using the CPAP machine
Thanks to all for your comments, some of which put a different light on the situation.

I originally posed the question as a way to give a concerned wife some ammunition to "convince" her husband to get a sleep study.

In reading the comments, I think it really doesn't matter what the legal responsibility is. His very loud snoring may be just that, but if it is sleep apnea, he has other important considerations upon which to think.

Sleep apnea has significant risks... to one's health, and to others when the untreated person drives. The sleep study will confirm or deny the sleep apnea diagnosis.

It will then be his choice to treat via the CPAP machine. If he does have sleep apnea, I hope he does make the decision to treat the condition.

I will be sending his wife and him the link to read everyone's comments.
08-09-2016 10:50 PM
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Phill Offline

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Post: #22
RE: Legal liability for not using the CPAP machine
This has been a most interesting read, though things are a bit different over here.

I am awaiting the return of my driving licence, I have given up on CPAP use as I consider it next to useless. Though there is another condition to be taken into account, should they return my licence I will return to using my CPAP mostly for the reasons given in the previous posts, legal rather than medical in my case.

No doubt some will say that I am unwise to dump CPAP for now, but I should point out that my symptoms have little in common with most described on the site, and that I have ZERO faith in those allegedly treating me.

There was a case in Scotland a couple of years back where the driver of a large garbage truck lost control mowing down and killing a number of people, he had previous episodes, but had not reported them, though Apnoea was not mentioned, from what was in the media(never something to rely on) it sounded very much like Apnoea.
He had lied through his back teeth, but was not prosecuted, many believe that he should be swinging on the end of a rope.
08-13-2016 10:47 AM
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Ghost1958 Offline

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Post: #23
RE: Legal liability for not using the CPAP machine
(08-07-2016 11:49 AM)eseedhouse Wrote:  My take is that driving is a privilege, not a right.

When you drive you take other people's lives into your hands and no one has a "right" to do that. It is privilege contingent upon the ability to drive responsibly and safely. "Innocent until proven guilty" does not apply when it comes to driving, and it shouldn't be. You have to prove your ability in order to be allowed to drive on public roads just about everywhere, and that is as it should be.

If a Medical Doctor becomes aware that it is dangerous for you to drive because of a medical condition then they have a moral obligation to report this to the relevant authorities. Also, nearly everywhere they also have a *legal* obligation. Since they are not perfect and being humans do make mistakes, there are nearly always provisions for appealing, as there should be.


I doubt in most states a driver would lose a civil suit for no cpap machine use. But one still has to pay a lawyer big bucks defending themselves.

As far as driving being a priviledge, that is another gov big lie.
There a right to free travel in the U.S. at least.
Walking is a right.
Riding a horse was a right.
Driving was a right for several years until the socialists in gov figured a way to impliment fees, reistrations and licences, all with money flowing to the gov.
Then driving suddenly became a priviledge.

Kinda like gun control, no authority to regulate it but hey we will just make up stuff and the masses will herd right along.Oh-jeez
08-13-2016 11:30 AM
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Mosquitobait Offline

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Post: #24
RE: Legal liability for not using the CPAP machine
(08-06-2016 02:57 PM)westernartfan Wrote:  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.

Depends on your state. In most states, if you are charged for negligence, refusal of a cpap is inconsequential since you are allowed to refuse medical treatment. In a civil suit, if it can be shown that you regularly drive while sleepy, have had multiple car damage issues, or fell asleep during this accident, then yes, you are at greater liability because you chose to drive while unable to do so safely and you have done it more than once.
(This post was last modified: 08-13-2016 12:00 PM by Mosquitobait.)
08-13-2016 11:48 AM
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icyura10 Offline

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Post: #25
RE: Legal liability for not using the CPAP machine
I'm solving my legal liability CPAP driving issue... I put my xPAP into the co-pilots seat, strap it in, plug it into the power supply, put it on, fire it up and drive with it treating me while I drive... no problem! See... I'm complying!! Oh-jeez

Warning: Eating chocolate may cause your clothes to shrink!
[Image: ry6XtE9.gif] <---- That's ME!
08-13-2016 12:12 PM
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PoolQ Offline

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Post: #26
RE: Legal liability for not using the CPAP machine
I was under the impression that this was a sleep apnea site and that bring personal conversations about rights, government, and even gun use/control would not be appropriate-from either side of the argument.

I will leave it at that.
08-13-2016 12:35 PM
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eseedhouse Offline

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Post: #27
RE: Legal liability for not using the CPAP machine
(08-13-2016 11:30 AM)Ghost1958 Wrote:  As far as driving being a priviledge, that is another gov big lie.
If that were so there could be no requirement for driver's licences. Yet there is such a requirement.
Quote: There a right to free travel in the U.S. at least.
Walking is a right.
Riding a horse was a right.

You are free to travel where you want (though even that is only partly so) but not *how* you want. You are not free to drive a Tank through buildings. You are not free to shoot people in front of you so they will not be in your way.

In any event my point was moral, not legal. No one should have the right to endanger another person without their consent. Driving a car involves putting other people in danger, so we have no moral "right" to do so, though we may be given licence to do so if we show we are qualified.

The rest is snipped because I see no point in getting in a name calling battle.

Ed Seedhouse
VA7SDH

I am neither a Doctor, nor any other kind of medical professional.

Actually you know, it is what it isn't.
08-13-2016 09:35 PM
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0rangebear Offline

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Post: #28
RE: Legal liability for not using the CPAP machine
Putting the revolution aside and going back to your original concern

There is a very old saying:

The wife hath not power over her own body, but the husband: and likewise also the husband hath not power over his own body, but the wife.

You can substitute the words wife and husband with partner, spouse, or soul mate to bring this into the 21st century.

He should get a study just because he partner needs him to....., love needs no other reason.

You are a good friend to try and motivate him. However, fear may not be the right motivator,

(08-06-2016 02:57 PM)westernartfan Wrote:  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.


(08-09-2016 10:50 PM)westernartfan Wrote:  I originally posed the question as a way to give a concerned wife some ammunition to "convince" her husband to get a sleep study.

2004-Bon Jovi
it'll take more than a doctor to prescribe a remedy

Observations and recommendations communicated here are the perceptions of the writer and should not be misconstrued as medical advice.
08-13-2016 10:14 PM
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srlevine1 Offline

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Post: #29
RE: Legal liability for not using the CPAP machine
(08-13-2016 10:47 AM)Phill Wrote:  This has been a most interesting read, though things are a bit different over here.

I am awaiting the return of my driving licence, I have given up on CPAP use as I consider it next to useless. Though there is another condition to be taken into account, should they return my licence I will return to using my CPAP mostly for the reasons given in the previous posts, legal rather than medical in my case.

No doubt some will say that I am unwise to dump CPAP for now, but I should point out that my symptoms have little in common with most described on the site, and that I have ZERO faith in those allegedly treating me.

There was a case in Scotland a couple of years back where the driver of a large garbage truck lost control mowing down and killing a number of people, he had previous episodes, but had not reported them, though Apnoea was not mentioned, from what was in the media(never something to rely on) it sounded very much like Apnoea.
He had lied through his back teeth, but was not prosecuted, many believe that he should be swinging on the end of a rope.

Phil, Before giving up on your CPAP, you may wish to ask your doctor (preferably a cardiologist or pulmonologist) for an echocardiogram and about any signs of pulmonary hypertension.

"Obstructive sleep apnea (OSA) has been identified as a significant cause of and/or contributor to cardiovascular disease. OSA has been shown to increase the risk for hypertension, pulmonary vascular disease, ischemic heart disease, stroke, congestive heart failure, and arrhythmias." Many of which are silent, progressive, and deadly.

Best of luck.

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
08-13-2016 10:45 PM
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Ghost1958 Offline

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Post: #30
RE: Legal liability for not using the CPAP machine
(08-13-2016 09:35 PM)eseedhouse Wrote:  
(08-13-2016 11:30 AM)Ghost1958 Wrote:  As far as driving being a priviledge, that is another gov big lie.
If that were so there could be no requirement for driver's licences. Yet there is such a requirement.
Quote: There a right to free travel in the U.S. at least.
Walking is a right.
Riding a horse was a right.

You are free to travel where you want (though even that is only partly so) but not *how* you want. You are not free to drive a Tank through buildings. You are not free to shoot people in front of you so they will not be in your way.

In any event my point was moral, not legal. No one should have the right to endanger another person without their consent. Driving a car involves putting other people in danger, so we have no moral "right" to do so, though we may be given licence to do so if we show we are qualified.

The rest is snipped because I see no point in getting in a name calling battle.

And with that admonition on rights I will cordially bow out of this thread.

Answer to question . In most states if not a comercial driver, might be sued if the apnea condition is even discovered. Likely will not lose the case though. But as I said the lawyer will cost more than the machine, and hurt a lot less than a car wreck. Kind of a no brainer.
08-13-2016 11:19 PM
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