Food Allergy Support

Discussion Boards => Schools and Food Allergies => Topic started by: LinksEtc on January 25, 2014, 08:12:27 AM

Title: Waivers and "Limitations of Liability"
Post by: LinksEtc on January 25, 2014, 08:12:27 AM
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? (http://foodallergysupport.olicentral.com/index.php/topic,5315.0.html)


Limits on liability from law/regulation
Example:
NJ stock epi bill 12/16/13 (http://foodallergysupport.olicentral.com/index.php/topic,8206.0.html)
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 (http://foodallergysupport.olicentral.com/index.php/topic,5601.0.html)
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?
Title: Re: Waivers and "Limitations of Liability"
Post by: LinksEtc on January 27, 2014, 08:27:11 AM
"Anaphylaxis In Schools and Other Child Care Settings"
http://blog.onespotallergy.com/2014/01/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.)


Title: Re: Waivers and "Limitations of Liability"
Post by: LinksEtc on January 27, 2014, 11:42:19 AM
Can a school refuse to allow self-carrying of Epi? (http://foodallergysupport.olicentral.com/index.php/topic,5876.0.html)
Quote from: CMdeux on August 01, 2012, 05:49:41 PM
be aware that also in some places, though, self-carry = self-administer.

Mom wants schools to allow students to carry inhalers. (http://foodallergysupport.olicentral.com/index.php/topic,8198.0.html)

Epi carriers--pouch or strap? (http://foodallergysupport.olicentral.com/index.php/topic,5181.0.html)

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Re: New school form jut as bad? (http://foodallergysupport.olicentral.com/index.php/topic,5966.msg52555.html#msg52555)