Legal Issues

OHENRY wrote:Hi, I'm new to this website but not to sleeping problems. My story will most likely knock your sox off. I've been using a CPAP machine for over seven years and have not had a formal sleep study. The test that I had was sleeping with a pulse detector on my finger. That is not a joke; that is the truth. The doctor that gave me the test and then a week later handed me a CPAP machine. He didn't explain how to use it, or give me any direction. He showed me how to turn it on and told me to put the full face mask on before I go to sleep (that is the truth). For the past seven years I've played with and adjusted the machine as best as I could. At one point I felt better my energy level got better, but now it seems I'm back being fatigue and having problems with sleep apnea. Now if that didn't knock your soxs off this might. I'm incarcerated, my wife is helping me to communicate and receive your replies. I need some help and advice (These details should help you all understand my two post on 1/18/11) thank you Wulfman....for helping to give more detail about my situation.

Hi there. We had a thread going once about whether inmates can take their CPAP to prison, and I guess they can! It seems you likely do have apnea, so there's no one to take legal action against, except possibly if you're being deprived of your CPAP machine in prison, which it sounds like you're not. So, what exactly would you like help with?

Volunteering that your in jail/prison and looking for good lawyer perhaps not the best way to ask for help.

You need to take some responsiblity for your apnea treatment. All of us are handed a machine, mask and not told much else. That's why we all came here to this forum for help and to learn what we can about sleep apnea. I suggest you do the same thing.

rosie

@OHENRY
Have you been incarcerated for the entire duration of your CPAP therapy? In other words, did a prison doctor give you the cpap machine? If so, it might be that the doctor's resources are considerably reduced when it comes to helping people who are incarcerated, and that you were very lucky to find a soul who cared enough to get you what you needed. Oximetry with and without cpap can be reasonable indicators of sleep apnea and valid treatment when additional resources are not available. At least someone tried. You may not have legal recourse if the doctor was disallowed from helping you any further than he or she did.

Addressed to 'MRS.' OHENRY: Please consider becoming a member. You don't have to use your real name or tell anyone your email address, and you can get email notifications when someone has replied to your question. There are quite a few members who act as patient advocates for their loved-ones on this forum for one reason or another and who don't themselves have sleep apnea. It's quite okay.

It's very likely that you need a newer machine if your current machine is seven years old. They do wear out. If the prison system will pay for one or friends or family can get you one, get the doctor prescribe one that is data-capable. Make it 'medically necessary'. Try to get an S9 or a System One. Every two weeks, swap out data cards with your wife so she can give you updates as to what your data is saying about your sleep apnea.

Good luck.

At 7-8 years, EVEN IF you did have a claim, the statute of limitations has run out, unless the doctor murdered you.............which I doubt.

It's all a moot point. Find something productive to do while incarcerated.

OHENRY wrote:...my wife is helping me to communicate and receive your replies. I need some help and advice (These details should help you all understand my two post on 1/18/11) thank you Wulfman....for helping to give more detail about my situation.

Here are two search links that you might find useful:

http://www.google.com/search?hl=en&clie ... 2dcc601bca

-and-

http://www.google.com/search?hl=en&clie ... 2dcc601bca

Best of luck to you and your wife in getting your CPAP problems straightened out.

(This is MrsOHenry, my husband asked me to post this back on 1/29/11, no excuse I just get extremely busy and when I think about it I'm shutting down for the day.) Hi, again I'm trying to get some support and understanding from this community, my intention is to save my own life. When I firstrealized that something was wrong it was becasue I repeatedly woke up with an irregular heart beat. The guy that was in the cell with me at that time told me that I stopped breathing several times in my sleep. The daytime fatigue was severe and the authorities did nothing for three years, that's when I got the cpap. Cuda said tht I should be thankful that I'm getting treatment. I am thankful to God to be alive because if it wasn't for Him and my wife I don't know if I'd be alive. The fact that I didn't have a sleep study, and I didn't get instructions on how to run or adjust my cpap is unfortunate. Once upon a time some people in this country believed that "injustice anywhere is a threat to justice everywhere." I'm still fighting to get proper care. I have a question for anyone that can help, I feel dizzy when I wake up in the middle of the night to use the bathroom. What might be the cause, could it be something that is worng with my cpap? (Thank you AmyD for "getting it" my last post.) Thank you all for listening.

Are you still having the irregular heart beats?? Atrial fibrillation can cause dizziness and that light headed feeling, as can other less serious cardiac arrhythmias.

OHENRY wrote:(This is MrsOHenry, my husband asked me to post this back on 1/29/11, no excuse I just get extremely busy and when I think about it I'm shutting down for the day.) Hi, again I'm trying to get some support and understanding from this community, my intention is to save my own life. When I firstrealized that something was wrong it was becasue I repeatedly woke up with an irregular heart beat. The guy that was in the cell with me at that time told me that I stopped breathing several times in my sleep. The daytime fatigue was severe and the authorities did nothing for three years, that's when I got the cpap. Cuda said tht I should be thankful that I'm getting treatment. I am thankful to God to be alive because if it wasn't for Him and my wife I don't know if I'd be alive. The fact that I didn't have a sleep study, and I didn't get instructions on how to run or adjust my cpap is unfortunate. Once upon a time some people in this country believed that "injustice anywhere is a threat to justice everywhere." I'm still fighting to get proper care. I have a question for anyone that can help, I feel dizzy when I wake up in the middle of the night to use the bathroom. What might be the cause, could it be something that is worng with my cpap? (Thank you AmyD for "getting it" my last post.) Thank you all for listening.

Sorry to hear of your circumstances.
I believe it would help if the exact make and model of your machine and mask could be listed here.....either edited into your profile or at the minimum, put into a post. If you're using a humidifier, please include that information, too.

If you're using a nasal mask (one that only covers or fits into the nose), it could be that you're mouth-breathing, which would result in the degradation or loss of your therapy air. Some of the symptoms you describe could be a result of that.......or, it could be something else. There can be a "cause and effect" relationship regarding Sleep Apnea and atrial fibrillation.

Good luck and keep us up to date.

Den

OHENRY wrote: I'm still fighting to get proper care. I have a question for anyone that can help, I feel dizzy when I wake up in the middle of the night to use the bathroom. What might be the cause, could it be something that is worng with my cpap? (Thank you AmyD for "getting it" my last post.) Thank you all for listening.

I agree with Slinky - It's time for you to be seen by a cardiologist and a sleep doctor.

Leaks are the main cause for therapy failure. You can have the greatest cpap machine in the world, but if your mask doesn't fit right, or the straps have gotten too loose, or your hose has a hole in it, your leak rate could be causing problems. Check your equipment for leaks or looseness and see if it's possible to adjust the straps to fit your face better.

We can help you better if we know these things:

• How old is your machine and what is the brand and model number? They should be somewhere on the machine.
• What is the name and model of your mask? At the very least: Full face or nasal mask?
• How often do you get replacement masks?
• Replacement hoses?
• Filters?
• Do you have a humidifier? Name and model?

While we're waiting on that, it might also be good to find out what health care is available to those who are in your situation. May you request to see specialists for a sleep lab and cardiological workup? If you don't already know, try to find out what replacement schedule is allowed for machines, masks, hoses and filters. I'm guessing they probably have to follow the minimal medicare guidelines, but it might be appropriate to ask the right questions to the right people in the system to let them know they have to put you on a parts replacement schedule out of medical necessity.

I hope you get to see at least a cardiologist soon. Even if you can't get to see a sleep doctor too, the cardiologist will be allowed to write you a prescription for very specific cpap equipment and masks. Request an auto so you can self titrate if necessary and keep track of your sleep numbers.

What pressure are you on? How did that pressure get chosen? Does your cell mate notice mouth breathing or snoring when you are sleeping with your cpap on?

So are you in for fraud or a con job?

To DreamDiver & Wulfman, this may help you to give me advice about the dizziness and shortness of breath I've been experiencing in the morning. My machine is about 8 years old, it's a Invacare Polaris Nasal Cpap system (model #ISP9800). I have a full face mask by Respironics, the basic one. I get a replacement mask every six months. I believe there is a filter in this model, I'm not sure, my wife hopefully has found an owners manual on-line and will send it to me; (She has found it and from what she read there is a filter; sending the manual today.) I also use a comfort flap on my face mask.

Big Daddy asked what pressure I'm on and how did that pressure get chosen. Oh, BTW I don't have a cell mate now, but I know I'm a mouth breather. The answer to your question is my pressure is on 11. I chose it because I've never been seen by a Pulmonologist, the machine was just handed to me and I've been winging it.

I have one more question, with there being a filter and it not being cleaned or changed in 8 years do you think that might be part of my shortness of breath and dizziness I experience in the morning?

To all the nasty responders on this thread, I am going to give you one line of thought I used to give every rookie I trained as an FTO. There is only difference between you and OHENRY and it is one simple thing, you haven't been caught YET.....I don't know of one member on this board who walks on water. If you can tell me with a straight face that you have never broken a law in your life, I will apologize, but after all my years in law enforcement, I don't expect to make an apology.

The Texan wrote:To all the nasty responders on this thread, I am going to give you one line of thought I used to give every rookie I trained as an FTO. There is only difference between you and OHENRY and it is one simple thing, you haven't been caught YET.....I don't know of one member on this board who walks on water. If you can tell me with a straight face that you have never broken a law in your life, I will apologize, but after all my years in law enforcement, I don't expect to make an apology.

Bullshit - comparing a traffic violations to something that puts you in jail for over 8 years?

ETA: Also a law enforcer who is walking around assuming everyone is a criminal needs to get therapy before he blasts someone innocent off the streets.