"peanutjake" wrote in
s.com:

Last night I ordered a diet cola in a restaurant.
The rest of my meal was zero carbs.

The next morning my fasting reading was 30 points higher than
usual.

I am beginning to think that the waitress served me a regular
cola.

This is my question.
Is the restaurant or waitress legally responsible if my health
was damaged by failing to serve me a diet cola as ordered?

PJ




I don't think it is very likely that higher blood glucose readings
in the morning have anything to do with what you ate for dinner
the night before. Our diabetes educator and diabetes nurse say
that, essentially, anything over 3 - 4 hours can be considered a
fasting blood glucose level.

But, to answer your question, I would think that if you could
prove that they gave you the wrong thing, they would be liable.

Larry

On Thu, 02 Feb 2006 00:21:11 -0600, Larry Dow
Huffed and Puffed the following into the
madness of usenet:

"peanutjake" wrote in
ws.com:

Last night I ordered a diet cola in a restaurant.
The rest of my meal was zero carbs.

The next morning my fasting reading was 30 points higher than
usual.

I am beginning to think that the waitress served me a regular
cola.

This is my question.
Is the restaurant or waitress legally responsible if my health
was damaged by failing to serve me a diet cola as ordered?

PJ




I don't think it is very likely that higher blood glucose readings
in the morning have anything to do with what you ate for dinner
the night before. Our diabetes educator and diabetes nurse say
that, essentially, anything over 3 - 4 hours can be considered a
fasting blood glucose level.

But, to answer your question, I would think that if you could
prove that they gave you the wrong thing, they would be liable.

Larry


good proving a regular soda served by mistake harmed you enough to
cause damage and entitle you to compensation. if I get wind of where
it makes trial, I speak on behalf of the waitress.

damn frivolous law suits.

--
Mck©® Deltec CoZmore Pumper
Type 1 since 1975
http://www.alt-support-diabetes.org
http://www.diabetic-talk.org
http://www.insulin-pumpers.org



"To announce that there must be no criticism of the
President, or that we are to stand by the President
right or wrong, is not only unpatriotic and servile,
but is morally treasonable to the American public."
....Theodore Roosevelt

(o o)
--ooO-(_)-Ooo--------------------

"I don't know half of you
half as well as I should like;
and I like less than half of you
half as well as you deserve."



Jesus never hated anyone.

Last night I ordered a diet cola in a restaurant.
The rest of my meal was zero carbs.

The next morning my fasting reading was 30 points higher than
usual.

I am beginning to think that the waitress served me a regular
cola.

Possible, but I don't think you have enough evidence of this.

This is my question.
Is the restaurant or waitress legally responsible if my health
was damaged by failing to serve me a diet cola as ordered?

How do you prove your damages? A single blood glucose reading alone
isn't much of an indication. If they did the same thing every day
for 10 years and you can prove this alone caused retinopathy which
requires expensive laser eye surgery, you'd have an actual medical
bill that wouldn't have otherwise happened.

I don't think it is very likely that higher blood glucose readings
in the morning have anything to do with what you ate for dinner
the night before. Our diabetes educator and diabetes nurse say
that, essentially, anything over 3 - 4 hours can be considered a
fasting blood glucose level.

I was given the suggestion that eating an evening snack would make
my morning blood glucose *LOWER*. I didn't believe it, but I tried
it anyway. And it seems to work, by maybe 10-15 mg/dL. That much
on one reading wouldn't mean much, but it does seem pretty consistent.

But, to answer your question, I would think that if you could
prove that they gave you the wrong thing, they would be liable.

Gordon L. Burditt

Ma¢k wrote in
:

But, to answer your question, I would think that if you could
prove that they gave you the wrong thing, they would be liable.

Larry


good proving a regular soda served by mistake harmed you enough
to cause damage and entitle you to compensation. if I get wind
of where it makes trial, I speak on behalf of the waitress.

damn frivolous law suits.


I have to agree with you. I didn't mean to imply that simply
having a high blood glucose would be cause for a suit. I just
meant that if something very serious occurred, the restaurant
would probably be liable. The chances of that happening are
pretty slim, but you never know. Try proving that you were given
the wrong thing. I don't think you could do it. It's always
better to pay attention and watch out for yourself. After a sip
of soft drink, if you think it's not the right thing, ask for a
new one. I was just giving a quick, simple answer to the question.
That was "Is the restaurant or waitress legally responsible if my
health was damaged by failing to serve me a diet cola as
ordered?" If there was damage, the restaurant probably would be
responsible. Didn't mean to upset anybody.

Larry

"Larry Dow" wrote in message
7.142...
Ma¢k wrote in
:

But, to answer your question, I would think that if you could
prove that they gave you the wrong thing, they would be liable.

Larry


good proving a regular soda served by mistake harmed you enough
to cause damage and entitle you to compensation. if I get wind
of where it makes trial, I speak on behalf of the waitress.

damn frivolous law suits.


I have to agree with you. I didn't mean to imply that simply
having a high blood glucose would be cause for a suit. I just
meant that if something very serious occurred, the restaurant
would probably be liable. The chances of that happening are
pretty slim, but you never know. Try proving that you were given
the wrong thing. I don't think you could do it. It's always
better to pay attention and watch out for yourself. After a sip
of soft drink, if you think it's not the right thing, ask for a
new one. I was just giving a quick, simple answer to the question.
That was "Is the restaurant or waitress legally responsible if my
health was damaged by failing to serve me a diet cola as
ordered?" If there was damage, the restaurant probably would be
responsible. Didn't mean to upset anybody.

Larry

Next time, if there is a next time, ask the waitress to bring you a BOTTLE
of diet cola and a glass.
That way you can be certain you are not drinking down a lot of unwanted
carbs.

Freckles

"Freckles" wrote in message
news
Next time, if there is a next time, ask the waitress to bring you a BOTTLE
of diet cola and a glass.
That way you can be certain you are not drinking down a lot of unwanted
carbs.

Not likely they'd have that. Most places have fountain drinks.

--
See my webpage:
http://mysite.verizon.net/juliebove/index.htm

"Julie Bove" wrote in message
news:[email protected]



"Freckles" wrote in message
news
Next time, if there is a next time, ask the waitress to bring you a
BOTTLE
of diet cola and a glass.
That way you can be certain you are not drinking down a lot of unwanted
carbs.

Not likely they'd have that. Most places have fountain drinks.

Order what you want in either a bottle or a can. If all they have is
fountain drinks, then order coffee, tea, plain water or nothing.

Of course many, maybe even most of us of age, would order wine or beer with
our meal when we dine out.


--
See my webpage:
http://mysite.verizon.net/juliebove/index.htm

In alt.support.diabetes Larry Dow wrote:
Ma?k wrote in
:

But, to answer your question, I would think that if you could
prove that they gave you the wrong thing, they would be liable.

Larry


good proving a regular soda served by mistake harmed you enough
to cause damage and entitle you to compensation. if I get wind
of where it makes trial, I speak on behalf of the waitress.

damn frivolous law suits.


I have to agree with you. I didn't mean to imply that simply
having a high blood glucose would be cause for a suit. I just
meant that if something very serious occurred, the restaurant
would probably be liable. The chances of that happening are
pretty slim, but you never know. Try proving that you were given
the wrong thing. I don't think you could do it. It's always
better to pay attention and watch out for yourself. After a sip
of soft drink, if you think it's not the right thing, ask for a
new one. I was just giving a quick, simple answer to the question.
That was "Is the restaurant or waitress legally responsible if my
health was damaged by failing to serve me a diet cola as
ordered?" If there was damage, the restaurant probably would be
responsible. Didn't mean to upset anybody.

You can't tell the difference? Before I knew I was a diabetic, I liked
regular coke. Once I started drinking a can I'd just bought and it
tasted very weird. After a few more sips I decided it was possible
dangerously contaminated and carefully poured the rest away to see if
anything came out like a dead beetle. I then started reading the can
to find out who to write my complaint to. That's when I realised I'd
been given a can of diet coke by mistake.

I'm probably unusual in finding diet coke really revolting, but I'm
not unusual in finding it tastes different. I know several people who
prefer the taste, and I've often seen people who've been bought a coke
in a glass by someone else complain that it wasn't the kind they'd
asked for.

--
Chris Malcolm +44 (0)131 651 3445 DoD #205
IPAB, Informatics, JCMB, King's Buildings, Edinburgh, EH9 3JZ, UK
[http://www.dai.ed.ac.uk/homes/cam/]

Larry Dow wrote:

I don't think it is very likely that higher blood glucose readings
in the morning have anything to do with what you ate for dinner
the night before. Our diabetes educator and diabetes nurse say
that, essentially, anything over 3 - 4 hours can be considered a
fasting blood glucose level.

If they said that, then they need to go back to school and get off the
carb-counting kick. Seriously.

Fat content, in particular, can last much longer than that. Pizza is the
deadly one for me.

(Gordon Burditt) wrote:

I was given the suggestion that eating an evening snack would make
my morning blood glucose *LOWER*. I didn't believe it, but I tried
it anyway. And it seems to work, by maybe 10-15 mg/dL.

My experience is just the opposite: Anything with carbs after about
8:00 pm and my morning numbers are substantially *HIGHER*.

"Larry Dow" wrote in message
.142...
| "peanutjake" wrote in
| s.com:
|
| Last night I ordered a diet cola in a restaurant.
| The rest of my meal was zero carbs.

ok, but there really is no such thing as "zero carbs"

|
| The next morning my fasting reading was 30 points higher than
| usual.

You're lucky.. that "might" be a tad bit of dawn phenomenon but
really doubtful, a 30mg rise isn't "that" much -- could be even within
meter variance.

|
| I am beginning to think that the waitress served me a regular
| cola.

You can't taste the difference?

|
| This is my question.
| Is the restaurant or waitress legally responsible if my health
| was damaged by failing to serve me a diet cola as ordered?

Are you legally responsible for yourself? You are the one that
drank the coke. Diet coke and Coke have different tastes.. I'm
sure if you ordered a Budweiser and they brought you out a Miller
you would know the difference.

So, unless you can prove long term damage that one drink has
made upon you.. then nope.

I'm with Mack though.. Let me know when the law suit is -- I'll
be there for the waitress and resturant. -- Sorry.. to me this is
just making up excuses.. with DM, sometimes it's our fault, sometimes
it's just mother nature.. but never anyone elses. (Unless you're a child)


--
----
RK - Animas IR1250 pumper
.... having fun with autoimmune diseases NOT!
dx 5/00 - last a1c 6.3

|
| PJ
|
|
|
|
| I don't think it is very likely that higher blood glucose readings
| in the morning have anything to do with what you ate for dinner
| the night before. Our diabetes educator and diabetes nurse say
| that, essentially, anything over 3 - 4 hours can be considered a
| fasting blood glucose level.
|
| But, to answer your question, I would think that if you could
| prove that they gave you the wrong thing, they would be liable.
|
| Larry

"Freckles" wrote in message
...

Order what you want in either a bottle or a can. If all they have is
fountain drinks, then order coffee, tea, plain water or nothing.

Of course many, maybe even most of us of age, would order wine or beer
with
our meal when we dine out.

I don't know of any restaurants here that serve things in bottles or cans.
I remember one deli in CA and some pizza places in NY, but not here. I
always order Diet Coke. I've been ordering diet drinks since they first
came out with them. Can't stand regular drinks. Never could. I can tell
by the first sip if I've gotten the wrong thing. This happened to me only
once since I've had diabetes. I was starving and at the time was taking
pills that had to be taken prior to eating. I took the pills with the soda
and immediately noticed that it was wrong. Alas, instead of taking a small
sip as I usually would, I guzzled down a large swig because I was very
thirst. And indeed, my BG following the meal of soup and salad was a bit
higher than usual.

I do not like to order tea in a restaurant unless it is one that specializes
in tea. Too many times I've gotten a pot of water that wasn't really hot
enough to make tea. And sometimes I also get an inferior tea bag. Iced tea
can be problematic. In sometimes comes sweetened and is not available
unsweetened. I think this is more common in some parts of the country/world
than others. And even if it's not sweetened there is no guarantee that it
is fresh. I used to work at a place that made instant tea in a huge metal
dispenser. The tea wasn't necessarily kept cold and instead of cleaning out
the dispenser each time they refilled it, they merely added more tea to it.
Often, mold would form in there. I don't drink coffee much at all any more.
I used to when I smoked. It went well with cigarettes. As such, I want to
smoke when I have it. So I don't have it. I don't care much for water
either unless it is good bottled water. All too often the stuff from the
tap tastes awful!

--
See my webpage:
http://mysite.verizon.net/juliebove/index.htm

"Chris Malcolm" wrote in message
...

You can't tell the difference? Before I knew I was a diabetic, I liked
regular coke. Once I started drinking a can I'd just bought and it
tasted very weird. After a few more sips I decided it was possible
dangerously contaminated and carefully poured the rest away to see if
anything came out like a dead beetle. I then started reading the can
to find out who to write my complaint to. That's when I realised I'd
been given a can of diet coke by mistake.

I don't see how anyone can not tell the difference. I've never liked
regular soda or any other really sweet drinks. I remember some years prior
to diabetes going out with a friend to a big food festival. We had walked
there since her house was less than a mile a away and there was a lack of
parking there. No problems walking there. But we were there for several
hours and the temperature had grown very hot. By the time we got back, we
were overheated and thirsty. She offered me a drink and it turned out to be
a very small glass of regular Coke with lots of ice in it. Foolishly I took
a big drink of it, thinking that anyone who knew me as well as she did
wouldn't dare offer me a regular soda. But she said it was all that she had
and she figured I'd drink it since I was so thirsty. All it did was make me
more thirsty to the point where I had to leave right away. I then drove to
the nearest store and bought a bottle of diet soda. Now I never leave the
house without a drink. Might be only a large bottle of water, but if I'm
out for any length of time, I also take a cooler with diet soda.

I'm probably unusual in finding diet coke really revolting, but I'm
not unusual in finding it tastes different. I know several people who
prefer the taste, and I've often seen people who've been bought a coke
in a glass by someone else complain that it wasn't the kind they'd
asked for.

It took me a while to adjust to Diet Coke. My preferred drink was Tab. I
loved that bitter aftertaste! But it contained Saccharine and I was told to
avoid it while pregnant. So I had to wean myself from it, allowing myself
one in the morning for about a week and then switching to the Diet Coke in
the morning. There were other diet drinks I liked, so I had those
throughout the day since I was also limited as to the amount of caffeine I
was allowed.

As soon as I had the baby, I went back to the Tab. But then I moved to CA
and couldn't find any cans of Tab. Only the 2 liter bottles. I don't like
those because they don't fit in the fridge and they tend to go flat very
quickly. So I made the switch to Diet Coke and eventually go used to it.
Then when I moved again and found Tab, I discovered that I no longer liked
it. I also discovered that they changed the formula and the very reason I
liked it (bitter aftertaste) was gone!

Now Diet Pepsi? Yuck, noooooooo! That stuff is just plain nasty! Waaaay
too sweet for my tastes.

--
See my webpage:
http://mysite.verizon.net/juliebove/index.htm

"Richard Evans" wrote in message
...
(Gordon Burditt) wrote:

I was given the suggestion that eating an evening snack would make
my morning blood glucose *LOWER*. I didn't believe it, but I tried
it anyway. And it seems to work, by maybe 10-15 mg/dL.

My experience is just the opposite: Anything with carbs after about
8:00 pm and my morning numbers are substantially *HIGHER*.

I have to have a bedtime snack. I usually eat it around 11:00 p.m.,
sometimes later if I had a late dinner, or if for some reason my numbers are
too high. I'm not normally in bed until somewhere around 1-3:00 a.m. I
have to eat about 30g of carb and an ounce of protein. If I eat less than
that, my BG will be too high in the morning.

--
See my webpage:
http://mysite.verizon.net/juliebove/index.htm

I carry a bottle of urine glucose test strips to test fountain soda.
Even if I get it at a self-serve fountain or I can see it being dispensed.
These strips are cheap (though I do replace the bottle after about 6
months). And they won't work in all countries -- some places use a different
form of sugar. But they do work just fine in the USA for Coke & Pepsi.
bj