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Medical form: practical/ethical quandary

Discussion in 'New Divers & Those Considering Diving' started by serf, Jul 21, 2014.

  1. mathauck0814

    mathauck0814 Assistant Instructor

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    Risk of what? Having to manage an emergency? Maybe, but that's going to hurt the diver and his family a lot more than the professional that has to manage it.
     
    flots am likes this.
  2. iztok

    iztok PADI Pro

    # of Dives: 200 - 499
    Location: Charlotte, NC
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    Legal liability.
     
  3. mathauck0814

    mathauck0814 Assistant Instructor

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    I'd think that your legal liability as a professional would be covered as soon as it's disclosed that the diver lied on a medical form.
     
  4. boulderjohn

    boulderjohn Technical Instructor ScubaBoard Supporter

    # of Dives: 1,000 - 2,499
    Location: Boulder, CO
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    I know of a situation a few years ago that will offer a different perspective. I investigated the situation in great detail in another role I have in the scuba community. Although I know a lot about it, I will be intentionally vague here and give only the basic details because I do not want to derail the thread.

    In this situation, a diver did not reveal a current medical problem that should definitely have ruled out diving for that time period. The diver hid that condition and joined an instructional class as a tag along diver. Technically, the diver did not have to reveal that medical problem, but that makes it about the same as hiding the fact on a medical form. The fact that the diver had these medical issues only came to light when prescription medication was found in the car after the diver's death. Even though the diver was not formally a student on that dive, the instructor was sued anyway. That lawsuit was downright ugly, and even though the instructor essentially won the case (small settlement), the ensuing nastiness had a significant negative effect on his life.

    Yes, the impact was greater on the family, but that does not mean they were the only ones who suffered.
     
    mathauck0814 likes this.
  5. Starfarer42

    Starfarer42 New

    # of Dives: 0 - 24
    Location: United States
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    I think that's more a reflection on the US legal system than anything else. Clearly the instructor and/or dive school should have had all participants on the dive sign a liability waiver. I'm not saying it would have prevented the instructor from being sued, but it probably would have helped his defense.
     
  6. boulderjohn

    boulderjohn Technical Instructor ScubaBoard Supporter

    # of Dives: 1,000 - 2,499
    Location: Boulder, CO
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    When the diver worked with this instructor, the diver signed a liability waiver covering all dives as a student and any experience dives thereafter. The plaintiff's expert witness argued that it had no validity, and the argument used would apply to pretty much ANY liability waiver that is not signed after receiving advice from legal counsel. Since the case settled, no judge ruled on it.
     
  7. iztok

    iztok PADI Pro

    # of Dives: 200 - 499
    Location: Charlotte, NC
    4,601
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    You still get sued and still have to deal with the crap. One willingly exposes others to risk just to simplify your life? That is not cool at all.
     
  8. mathauck0814

    mathauck0814 Assistant Instructor

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    It's an illusion. You're always at risk of being sued. The only way to protect yourself is to not participate, and even then I'm not sure you're insulated from it. I agree that it's not cool, but it happens every day. It's one of the things you just have to accept if you're going to be a dive "pro" in this country.
     
  9. iztok

    iztok PADI Pro

    # of Dives: 200 - 499
    Location: Charlotte, NC
    4,601
    393
    Yes, but what kind of person would willingly lie and expose others to additional risk? Definitely not a person I would hold in high regards.
     
  10. redacted

    redacted Guest

    Someone who wants to dive but does not have a current, signed doctor's clearance for a condition they know has no effect on their ability to dive. That means they also know that no one is being exposed to anny additional risk due to their condition. Do you still have a problem with that?
     

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