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Reselling Used Medical Equipment - Potential Liability

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  • 09-18-2008, 12:30 PM
    triplerr
    Reselling Used Medical Equipment - Potential Liability
    My question involves medical malpractice in the state of: PA

    A family member asked me to sell their used CPAP machine on craigslist. Does this open me up to any liability? Most other websites selling this machine note "requires prescription" but does not require the buyer to provide the script prior to purchase.

    thanks
  • 09-18-2008, 02:20 PM
    lealea1005
    Re: Reselling Used CPAP Medical Equipment Machine - Potential Liability?
    Quote:

    Quoting triplerr
    View Post
    My question involves medical malpractice in the state of: PA

    A family member asked me to sell their used CPAP machine on craigslist. Does this open me up to any liability? Most other websites selling this machine note "requires prescription" but does not require the buyer to provide the script prior to purchase.

    thanks

    Are you licensed to sell/re-sell medical equipment?

    The bolded sentence doesn't make sense. If a prescription is required than either the patient must present the prescription or the Physician must call in a verbal order for the prescription prior to filling the order.

    How will you guarantee the cleanliness or efficiency of the CPAP? What happens if it malfunctions and the new owner doesn't receive the required amount of oxygen?
  • 09-18-2008, 11:36 PM
    Betty3
    Re: Reselling Used CPAP Medical Equipment Machine - Potential Liability?
    I don't think it's a good idea to sell a used CPAP machine. A wheel chair, for example, might be a different story.
  • 09-20-2008, 07:09 AM
    Mr. Knowitall
    Re: Reselling Used CPAP Medical Equipment Machine - Potential Liability?
    A CPAP delivers increased airflow, not oxygen as such. The purpose is to keep the airway open during episodes of sleep apnea. The pressure levels on a machine can vary over time, due to the age of the machine, extent of use, breakage or damage.

    What I would suggest is trying to find a legitimate reseller - a company that reconditions then resells used CPAP equipment - and selling it to them.
  • 09-18-2009, 03:19 PM
    jk
    Re: Reselling Used CPAP Medical Equipment Machine - Potential Liability?
    another reason you should not re-sell a CPAP machine is somebody has to set the pressure levels and anything else that is to be adjusted (unless it is an automatic setting machine). CPAP machines are not plug and play, they must be adjusted/programmed for each individual user.

    I have found nothing definitive in a short bit of research but most sites do state that a prescription is legally required to purchase a CPAP machine.

    If so, then I would suggest it is actually illegal to resell the machine to a patient.
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