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Hospital leaving its self open to legal action ?

  • 02-10-2019 7:49pm
    #1
    Banned (with Prison Access) Posts: 200 ✭✭


    I stayed over night in Hospital a few days ago to have a sleep study done.


    The referral letter I got from the Hospital pointed out that I could get a special discount on parking if I wanted to leave my car on the Hospital grounds over night.


    But I had no intention of driving the next day because its very hard to get a good nights sleep during a sleep study when you are connected up to all the equipment.


    I'm just wondering if I had crashed my car the next day due to tiredness could the hospital be held partially responsible ? because they encouraged me to leave my car in the Hospital grounds over night.

    It seems like madness that they would encourage people to drive after a sleep study.


Comments

  • Registered Users, Registered Users 2 Posts: 147 ✭✭Hamerzan Sickles


    I would say no real chance of a successful legal action here because it would be extremely difficult to prove causation in this case i.e. that the reason you crashed your car is because you decided to park it overnight which you did due to their circulation of a letter/discount rate. Also, the onus is on you to be driving responsibly; they're not forcing you to get in your car and drive it after the experiment, nor are they telling you this parking service is something you must utilise as part of the experiment.

    Also, is it even the "hospital" that is running the "sleep experiment"? Like it could be a private practice within the hospital running the experiment, in which case proving the link would become even more strenuous due to the fact that you would have to be vicariously suing the hospital as occupier through the sleep clinic.


  • Registered Users, Registered Users 2 Posts: 11,567 ✭✭✭✭fullstop


    People always look for new angles for a bit of legal action, don’t they!! It’s not like they were making you stay awake...


  • Registered Users, Registered Users 2 Posts: 26,219 ✭✭✭✭Strumms


    Tough one. If it ended up in court there is a good chance that they would rule against you. It’s really up to you to have the self awareness to not get into a car after serious sleep deprivation.

    That said, I went through a pretty heavy duty dental procedure early this year where I was heavily sedated and I was in advance told verbally that I would not be able to drive home myself... I was also issued with a hard copy list of ‘aftercare instructions’ that set out the time between the procedure and me driving again, using machinery, drinking alcohol etc... could have been prudent just to have something on paper advising... no driving for xxx time, no use of heavy machinery etc,


  • Registered Users, Registered Users 2 Posts: 3,165 ✭✭✭Mervyn Skidmore


    How were they "encouraging" you to drive?


  • Moderators, Regional Midwest Moderators Posts: 11,183 Mod ✭✭✭✭MarkR


    No. Do employers of night shift workers have to take their keys off them? Presumably you are an adult, and can decide if you are too tired to drive?


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  • Closed Accounts Posts: 35 edit_me


    I'm not surprised that insurance premiums are skyrocketing....


  • Registered Users, Registered Users 2 Posts: 2,082 ✭✭✭bigtimecharlie


    I had a sleep study done last year. 7am was the time the equipment was taken off the next morning but discharge time was 10 am.

    The hospital is covering themselves by ensuring you are fully awake before you leave.


  • Banned (with Prison Access) Posts: 200 ✭✭Uncle Charlie


    How were they "encouraging" you to drive?


    By encouraging me to park my car in the hospital grounds over night.


  • Banned (with Prison Access) Posts: 200 ✭✭Uncle Charlie


    fullstop wrote: »
    People always look for new angles for a bit of legal action, don’t they!! It’s not like they were making you stay awake...


    Remember the saying "where there is a blame there's a claim".


  • Registered Users, Registered Users 2 Posts: 3,165 ✭✭✭Mervyn Skidmore


    By encouraging me to park my car in the hospital grounds over night.

    That's providing information, it's a stretch to say that's encouraging you to drive.


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  • Banned (with Prison Access) Posts: 200 ✭✭Uncle Charlie


    That's providing information, it's a stretch to say that's encouraging you to drive.


    If they told me I could have few pints in the Hospital before driving that would also be "just providing information".


  • Registered Users, Registered Users 2 Posts: 3,165 ✭✭✭Mervyn Skidmore


    If they told me I could have few pints in the Hospital before driving that would also be "just providing information".

    That would be unusual information but information nonetheless. If you didn't own a car, would you go out and buy a car just so you could comply with the letter?


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I had a sleep study done last year. 7am was the time the equipment was taken off the next morning but discharge time was 10 am.

    The hospital is covering themselves by ensuring you are fully awake before you leave.

    That's the OP's problem. One might be awake, but one might have had reduced sleep.


  • Registered Users, Registered Users 2 Posts: 855 ✭✭✭mickoneill31


    If you go to a pub are they "encouraging" you to use your car by providing free parking? The parking is normally for the sole purpose of use the pub. How many cases have been taken against pubs by drunk drivers?


  • Banned (with Prison Access) Posts: 200 ✭✭Uncle Charlie


    th
    If you go to a pub are they "encouraging" you to use your car by providing free parking? The parking is normally for the sole purpose of use the pub. How many cases have been taken against pubs by drunk drivers?


    That's not the same because you can go to the pub and not drink.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    th


    That's not the same because you can go to the pub and not drink.
    Much like how you can participate in a sleep deprivation study and not drive home?


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Its not other peoples fault if you cannot adult


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Trolling here. Closed


This discussion has been closed.
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