Waivers and "Limitations of Liability"

Started by LinksEtc, January 25, 2014, 08:12:27 AM

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LinksEtc

When working on the index threads, this is one area that confuses me a little so I thought it'd be a good idea to start a general discussion thread.  Here are some threads and general ideas that I'll stick in here as conversation starters.

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Schools trying to say that they are not legally obligated to administer meds.
***UPDATE*** ADA/other Federal laws require the administration of Epi-pens?


Limits on liability from law/regulation
Example:
NJ stock epi bill 12/16/13
Quote from: LinksEtc on December 13, 2013, 09:39:26 AM
A lot of previous wording for stuff like this talked about "good faith" mistakes, but what if somebody makes a huge mistake & they really should have known better?  Does the school have some responsibility to some minimum standard?


Another Dumb 504 Question
Quote from: CMdeux on June 05, 2012, 05:56:55 PM
Do NOT sign a waiver of anything-- particularly not a waiver which limits their obligation to administer life-saving medications.  Period.


Another time the issue seems to get fuzzy is "self-carrying" meds vs "responsibility to self-administer"



Any thoughts?

LinksEtc

#1
"Anaphylaxis In Schools and Other Child Care Settings"
http://blog.onespotallergy.com/2014/01/anaphylaxis-in-schools-and-other-child-care-settings/

Quoteregardless of whether or not a student is capable of self injecting, they will still require the help of others

Quoteparents should NEVER sign a waiver absolving the school of responsibility if epinephrine was NOT injected


(As far as when to use epinephrine, I would recommend discussing this issue with your allergist and getting a written plan from your allergist.)




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