Nov 5 2012 in Caring for Partners by ejourneys
That’s the word from my attorney’s office.
When my partner and I got our flu shots (along with some nifty coupons), I picked up one of these for each of us:
Writes the Indiana Assistive Technology Act (INDATA) Project, “This device, which is compatible only with Windows based computers, allows an individual to keep their up-to-date medical records on their person at all times. This is useful not only for organizational purposes, but also in the case of emergency. For example, if a medical team responds to an emergency and has the ability to access an individual’s medical information on a computer in the ambulance on the way to the hospital, it will help them better assist that individual who may be incapacitated or unable to give accurate information. Lives can be saved.”
It’s a neat little device that basically amounts to a 1GB flash drive embedded in a credit card-style housing. I was all excited to try out its built-in software — designed to guide users easily through documenting their medical history and any special considerations — and then post my own review.
The manufacturer’s Agreement came up when I plugged the flash drive in. To move any further, I would have to accept the Agreement. I’m the type of person who reads the small print.
This paragraph stopped me in my tracks. This image comes directly from the Agreement:
On October 21, the day of purchase, I wrote this email to the manufacturer’s support desk expressing my concerns. I’ve blacked out my own personal info:
I then spoke with my lawyer’s assistant, and followed up with her today. She quoted my lawyer’s conclusion: “You can’t contract away liability.”
I still feel paranoid. My first blog post here details the bum steers I’ve encountered in connection with caregiving, from both medical and legal professionals. Multiple times burned, multiple times shy.
I have not yet heard back from the manufacturer’s support desk.
What do you think of the language in the ICE Medical Agreement? Have you had any experience with this device? Have you experienced any complications from its use? I’d love to know the opinion of any legal eagles (or experienced laypeople) out there.