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[IP] Re: insulin-pumpers-digest V4 #97

>Date: Wed, 12 Apr 2000 20:32:35 -0500
>From: Jean m Peterson <email @ redacted>
>Subject: [IP] Re:  Donation of Old Pump to another
>(The Doc) has a patient who has
>no insurance, but desperately needs a pump, and the two of them had been
>trying all routes to get a pump.  Would I like to give mine to this
>patient to use???
>patient has no
>coverage for supplies,either, etc, etc.  I justified that by thinking
>that detail is not my problem.   Then I started thinking about
>LIABILITY!!!  Who's responsible if the pump goes bad or breaks?

As someone who dabbles in legalities from time to time...that is, as a
business person selling merchandise and defending against occasional
lawsuits and overzealous traffic patrolmen, occasionally helping draft
municipal laws that clear constitutional tests...

I've read the rules of court, watched numerous cases and have several close
friends who are big-time judges.

I'm not an attorney, but I like to watch "The Paper Chase".

My opinion is that your liability for his damage is for no more than the
price he pays you for your pump.

>Also, what if either patient doesn't know what's going on or
>mistreats himself, then blames me for faulty equipment.

An unlikely scenario, IMO.

Your other consideration...would the patient have money to pay the
additional for pump supplies?

I just did a quick and dirty estimate...and...all other things equal...no
additional tests, insulin etc., pumping will cost at least $70 more a month
than injecting thrice daily.

>We (Doc's
>attorney) have drafted a "hold harmless" agreement for the other patient
>to sign, which covers the Doc too.  I'm more comfortable now, but still
>have doubts.

Gives you a larger margin for error.  I'd be comfortable, too.

>What's the general opinion of the group??

Shall we take a vote?  I vote to do it.

By the way, I have considered letting someone use my second D, but since I
have gotten an 88 alarm and must return it soon for maintenance, it sure is
nice to have a spare.

Richard, in Austin, Texas

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