Hello Guest, Welcome to Apnea Board !
As a guest, you are limited to certain areas of the board and there are some features you can't use.
To post a message, you must create a free account using a valid email address.

or Create an Account


New Posts   Today's Posts

Legal liability for not using the CPAP machine
#21
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.
Post Reply Post Reply
#22
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.
Post Reply Post Reply
#23
(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
Post Reply Post Reply


#24
(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.
Post Reply Post Reply
#25
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!
Post Reply Post Reply
#26
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.
Post Reply Post Reply


#27
(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

Your brain is not the boss.

Post Reply Post Reply
#28
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.
Post Reply Post Reply
#29
(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
Post Reply Post Reply


#30
(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.
Post Reply Post Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  new cpap machine jamescox145 26 730 1 hour ago
Last Post: Sheepish
  Legal Action? Lawyers Here? Missed Diagnosis K.L. 39 1,692 11-14-2017, 03:06 PM
Last Post: Mark Douglas
  [Pressure] After two hours CPAP machine is about to blow my mask offf jggdesigner 19 511 11-13-2017, 10:45 AM
Last Post: jggdesigner
Angry [CPAP] I hate my CPAP Machine. Sleep1ngb3auty16 7 596 11-02-2017, 07:27 PM
Last Post: Sleep2Snore
  I am new and would like to purchase my own Cpap machine. I have had sleep study done. Ericivey1 6 404 10-24-2017, 11:11 PM
Last Post: trish6hundred
Exclaimation CPAP Machine Choices - read this before you accept a new machine SuperSleeper 49 23,413 10-18-2017, 09:21 PM
Last Post: Sleepster
  aromatherapy oils in cpap machine somnia16 24 8,408 10-11-2017, 04:26 AM
Last Post: OMyMyOHellYes

Forum Jump:

New Posts   Today's Posts




About Apnea Board

Apnea Board is an educational web site designed to empower Sleep Apnea patients.

For any more information, please use our contact form.