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+--- Thread: Legal liability for not using the CPAP machine (/Thread-Legal-liability-for-not-using-the-CPAP-machine)
Legal liability for not using the CPAP machine - westernartfan - 08-06-2016
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.
RE: Legal liability for not using the CPAP machine - icyura10 - 08-06-2016
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.
RE: Legal liability for not using the CPAP machine - justMongo - 08-06-2016
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.
RE: Legal liability for not using the CPAP machine - icyura10 - 08-06-2016
(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!
Soon I'm sure they will find a way to tax you or fine you for flatulence
RE: Legal liability for not using the CPAP machine - justMongo - 08-06-2016
Since I live in the Народная Социалистическая Республика Калифорния, I cannot throw stones at Maryland.
I am, however, trying to escape from this ГУЛАГ.
RE: Legal liability for not using the CPAP machine - FrankNichols - 08-06-2016
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.
RE: Legal liability for not using the CPAP machine - justMongo - 08-06-2016
Or their Imam.
RE: Legal liability for not using the CPAP machine - PoolQ - 08-06-2016
I think you might let your friend read these responses to understand what a jury might be considering.
RE: Legal liability for not using the CPAP machine - Ghost1958 - 08-06-2016
One can sue a ham sandwich in civil court.
Win lose or draw the machine will be cheaper than a lawyer.
RE: Legal liability for not using the CPAP machine - trish6hundred - 08-06-2016
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.