Potential Legal Responsibilities Ramblings

The information provided on this site is not intended nor recommended as a substitute for professional medical advice.

I'm not an lawyer (disclaimer) but I *think* this disclaimer at the bottom of the page protects CPAP.com but does not indemnify the posters. If someone is really concerned perhaps they could post their own disclaimer in the footer of their posts where their equipment is shown.

Any lawyers out there???

TXKajun wrote:.................... IMHO, giving direct answers to questions like these could, possibly, lead to potential legal liability if the person takes the advice of those who respond and suffers adverse consequences. ....................................................................
I'd hate even more to hear that someone reading the forum took someone else's advice, suffered negative consequences and then turned around and tried to sue the pants off the first person!
......................................
Kajun

Careful Kajun, you might get sued for giving us legal advise without a license to practice law!

Oops! Did I just give you legal advice?

TXKajun,

I noticed that you're using software to monitor YOUR therapy......
When I clicked on it, it took me to the link for the Silverlining 3.6 in CPAP.COM.
In the description for the software, it has this sentence:

Software is intended for use by Sleep Labs and DMEs.

Does this mean that YOU are engaging in "risky" activities? Not to me it doesn't.....I'm glad for you that you're able to monitor your therapy.

People come here for "help" (for the most part) because some part of the system has failed them, they want to know more about their therapy, they distrust or question what the medical/DME/RT community has told them, OR (as in my case) had purchased products from CPAP.COM and saw the CPAPTALK.COM link on the front page and wandered into this place.

I REALLY can't recall having read any posts that could be construed as "medical" advice or advice that would be risky for the users.
It's been my observation that if a person is having serious difficulty with some aspect of their therapy, they are advised to consult with their doctors.

Best wishes,

Den

ehusen wrote: Do we know a lot about CPAP therapy and OSA? Yes and we can help others with their issues about the treatment. Are we medical professional s? Most likely no.

We know a lot - more than most doctors - about making the equipment easier to sleep with.

Where we have to tread very very carefully is when people come here and ask us to diagnose them. Doctors spend a lot of time on studying and practicing differential diagnosis - when it looks like a duck and quacks like a duck, but it aint a duck because it's a wolf in ducks feathers..... We're not too good at knowing what illnesses may be masquerading as sleep apnea, and some of us sometimes seem to forget that, and misdiagnose quacks....

I would think carefully about what I advise people on, no matter what I'm dealing with. Heck, I don't want anyone to get hurt or injured because I was a bozo, regardless of litigation possibilities.

Well said, ehusen.

O.

ozij wrote:...it's a wolf in ducks feathers.....

HEY.....I resemble that remark!

Quack, quack.

Den

HEY.....I resemble that remark!

oops.
ouch.


Dear Wolf,
Please accept my humble apologies for not even thinking of you as I was having fun with those images.


That's because I think of you as Den.
And because I always find your posts interesting and to the point.

hmmm. Should I title this post "disclaimer"?

O.

Alisha wrote:

Sorry, Melissa. I forgot to add a disclaimer to my post, so let's try this:

......The information provided in this post is not intended nor recommended as a substitute for professional medical advice......
_________________
......The information provided in this post is not intended nor recommended as a substitute for professional medical advice......

Alisha

Not to pick on Alisha (cause I think she was only reinforcing my point), threads about legal advice from posters like the author of this thread and those messages from Guest DMEdaddy (same person?) are stupid, all it does is spawn other posts like the above. Who in the hell are you to give legal advice? Maybe you should post your lawyer Bar number with your posts?

But the fact remains, if you don't like the information being posted here as it relates to cpap therapy suggestions then go elsewhere Kajun go to TAS where they monitor and modify every post response, where most replys to patient questions are "go see your doctor or RT", why do you think they came to these forums in the first place? Because they didn't get the answers they were seeking from their professionals, if that is what you wanting to see then go over and join TAS but don't come here and tell us what we should or shouldn't post.

Making posters put a disclaimer at the bottom of each post is about as dumb as trying to copyright what you wrote.

ozij wrote:

HEY.....I resemble that remark!

oops.
ouch.


Dear Wolf,
Please accept my humble apologies for not even thinking of you as I was having fun with those images.


That's because I think of you as Den.
And because I always find your posts interesting and to the point.

hmmm. Should I title this post "disclaimer"?

O.

I appreciated the opportunity to tease you.

Actually, I did a search in user names and there IS a user named "Wolf" and also "Wolftracker" (in total there's seven of those who start with "wolf"......at least I spell mine a little different

Quack, quack. (that means "Best wishes")

Den