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Subject:

Re: letter liability

From:

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Reply-To:

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Date:

9 Jun 1998 5:35:5 GMT

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (79 lines)

> Should I add
>a disclaimer that I give no guarentees that an obstetric emergency 
>will not
>arise.

What, a lousy £7.50 and you want to give her a disclaimer as well.

Add as many disclaimers as you want,Mark. If ,of course, she is then turned
down, she can then sue you for her lost trip :-)

As long as you have given a fair response,you can't be held responsible. The
question,presumably, was simply is she fit to fly. But, yes,to be safe add
a disclaimer as you suggest. Make it clear that you have not had access to
a full medical record history  or information as to her medical background
and that the extent of the pregnancy is based on her information to
you.Also point out that babies sometimes come along earlier than expected
(so plenty of boiling water on board please and can the pilot try very,
very hard not to hit an air pocket) and, finally, that you cannot obviously
vouch for her condition after seven days whalehunting off Nova Scotia (or
wherever she's going).

Perhaps you should check out clinic records to confirm already assessed
confinement date,ie just check there is no suggestion in the records that
she may indeed present a stowaway. But if no time to do this,make clear you
have not consulted them or otherwise had independent verification of dates.

Finally, you must spell out that you accept no responsibility whatsoever to
the airline but are merely giving a professional opinion on limited
information. 

Why is she going? Does she like the idea of having a bi-lingual Canadian
child? I'd suggest to her that she makes sure her hand luggage is at least
about 9lbs less than max so that,if it happens,she is not surcharged for
excess hand baggage. They can be pretty tough.

> I dont want the bill for a 747 redirection landibg on the 
>practice
>mat?

Wow,some mat. How do you remove the tyre marks?

>What are my liabilites in this area? Should I have refused to do one?

Liabilities are very slight. So long as you have made reasonable effort,can
rule out any obvious present problems, and do not play down/conceal
anything you know that materially adds to risk, you should be OK. 

>Oh of course I forgot to mention she flies on Thursday, so I have to 
>do the
>letter and "make my mind up quickly" [sic] So get cracking you 
>guys/gals I'm
>depending on you.

Blimey,now you're beginning to make me feel responsible for this woman.
But,on that subject,I do suggest you spell out to the patient the
consequences if she does go into labour whilst 30,000 feet above Baffin
Bay. In your desire to avoid liability to the airline,don't overlook your
potential liability to the patient.

Graham


DISCLAIMER: Please ignore all the above. 


Graham Ross
Solicitor
Ross & Co
Y2K-LAW
Liverpool, UK
+44 (0)151 284 8585
+44 (0)151 236 6035-fax
Y2K-LAW:- http://www.y2kalert.com




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