Any liability with selling an APAP unit

PEF wrote:I don't pay any attention to Julie anyway.

Good idea.

PEF wrote:AVI

You should add Avi to the same list.

Now I see what the fuss was about. These posts should not have been deleted. I feel certain Julie, sitting in Canada, does not know the U.S. liability laws.

Hang Fire wrote:You are an expert on U.S. laws and judicial system because you watch American TV every night: Law & Order, Boston Legal, The Practice, L.A. Law, Ally McBeal and B&W Perry Mason.


Julie wrote:
You're filth!

zach- I have just bought my 2nd , previous owned, machine. We would want to know: make, model, S/N, REF # (all on machine) Picture of the RUN HOURS screen, and pick of the s/n and ref #. Also, has it been exposed to smoke or pets. What are you selling.

LSAT wrote:

avi123 wrote:From the point of view of the Food and Drug Administration which is a Gov agency it is the same as you selling legal Rx drugs to anyone. Assume for a moment that the person who bought a CPAP from you and died while using it. This person's family could hire an attorney who would force the owner of this website to provide your legal full name. Then a court order would invite you and the owner of this website to show up and face charges. It could cost you a few millions.

How about all the medical advice you give on this site avi.....I could find numerous examples...

I try not to pretend to be a physician and give medical advice.

In the past, bloggers, on the Internet who gave medical advice and were unauthorized to practice medicine were taken to court and found guilty. This I read in the Wall Street Journal.

The following is from here:

Source: http://healthcare.findlaw.com/patient-r ... icine.html

"The unauthorized practice of medicine occurs when someone gives medical advice or treatment without a professional license. The prohibition against the unauthorized practice of medicine is a precaution against people who would try to treat others without the proper training, or by using unproven methods which could harm or even kill their supposed patients. As a result, all states make the unauthorized practice of medicine a criminal offense with potentially serious penalties. However, the practice of medicine itself is a slippery term which can be difficult to define".

avi123 wrote:the practice of medicine itself is a slippery term which can be difficult to define

Selling someone a used CPAP is not practicing medicine.

Advising someone on stopping mask leaks is not practicing medicine.

Advising someone on how to adjust machine settings is not practicing medicine.

Telling someone their pressure settings seem to be too low is not practicing medicine.

Telling someone a pressure setting of 4 - 20 is a brainless setting is not practicing medicine.

Telling someone not to let their DME screw them is not practicing medicine.

What else goes on around here?

avi123 wrote: It could cost you a few millions.

. . . Said while litigiously rubbing his hands together.
Of course, "good Samaritan" principles could be cited, (law in some states);
absolving those guilty of trying to give aid of liability for incidental tort.

Chevie wrote:

avi123 wrote:the practice of medicine itself is a slippery term which can be difficult to define

Selling someone a used CPAP is not practicing medicine.

Advising someone on stopping mask leaks is not practicing medicine.

Advising someone on how to adjust machine settings is not practicing medicine.

Telling someone their pressure settings seem to be too low is not practicing medicine.

Telling someone a pressure setting of 4 - 20 is a brainless setting is not practicing medicine.

Telling someone not to let their DME screw them is not practicing medicine.

What else goes on around here?

Sell it as a underpowered leaf blower, as is, you will be safe. Jim

Chevie wrote:

avi123 wrote:the practice of medicine itself is a slippery term which can be difficult to define

Selling someone a used CPAP is not practicing medicine.

Advising someone on stopping mask leaks is not practicing medicine.

Advising someone on how to adjust machine settings is not practicing medicine.

Telling someone their pressure settings seem to be too low is not practicing medicine.

Telling someone a pressure setting of 4 - 20 is a brainless setting is not practicing medicine.

Telling someone not to let their DME screw them is not practicing medicine.

What else goes on around here?

So why buying a CPAP or mask requires a PRESCRIPTION?

You don't seem to understand the issues.

We understand the issues. But, we have to live in the real world and live within our means. And that means buying and selling equipment outside the system. And frankly, I've gotten great advice on here, more so than from my Dr office, who doesn't have the time to monitor every aspect of my therapy. I can get help on here the day I need it. If I had to pay a dr appt and make an appt every time I have an issue, I'd be screwed.

OK

When I recently told my DME that I had purchased a back up machine from an individual and what I payed for it, the only thing he had to say was I got a very good deal.

said the person with 4200 posts.

"Off the grid", for many, is a matter of SURVIVAL.
Anyone prosecuting that risks public disgrace.
Sharing personal experience is protected by the Constitution.
The site has a disclaimer covering all this.

avi123 wrote:

Chevie wrote:

avi123 wrote:the practice of medicine itself is a slippery term which can be difficult to define

Selling someone a used CPAP is not practicing medicine.

Advising someone on stopping mask leaks is not practicing medicine.

Advising someone on how to adjust machine settings is not practicing medicine.

Telling someone their pressure settings seem to be too low is not practicing medicine.

Telling someone a pressure setting of 4 - 20 is a brainless setting is not practicing medicine.

Telling someone not to let their DME screw them is not practicing medicine.

What else goes on around here?

So why buying a CPAP or mask requires a PRESCRIPTION?

You don't seem to understand the issues.

I understand, bloated government and greed, paid for by Corp influence. Jim

Chevie wrote:

avi123 wrote:the practice of medicine itself is a slippery term which can be difficult to define

Selling someone a used CPAP is not practicing medicine.

Advising someone on stopping mask leaks is not practicing medicine.

Advising someone on how to adjust machine settings is not practicing medicine.

Telling someone their pressure settings seem to be too low is not practicing medicine.

Telling someone a pressure setting of 4 - 20 is a brainless setting is not practicing medicine.

Telling someone not to let their DME screw them is not practicing medicine.

What else goes on around here?

There is a difference in practicing medicine and practicing good medicine.
Even a Doctor that's a Moron, or one that was last in his class, is still a Doctor. Jim