I Was Getting Woozy

Years ago, I decided to conquer my fear of heights.   I was tired of the dizziness and nausea that gripped me at the mere sight of a step ladder.  To beat that beast, I decided to take a hot air balloon ride.  I persuaded a friend from church to go with me. 

As we climbed into the balloon basket, the Captain offered each of us a big glass of champagne.  The offer made me a bit suspicious and even more queasy so I declined.  I would soon regret that decision.

Once we were airborne, the Captain whipped out a clipboard with forms.  In big bold letters appeared the words “RELEASE OF LIABILITY.”  Apparently a lawyer who was being paid by the word had drafted the 20-page document.  After spending most of the balloon ride studying the release, I realized that it required us to acknowledge that we were engaging in extremely reckless behavior and that we would likely be killed, maimed, or disfigured before the trip was over.  Our signatures on the document would release the captain and “any and all other persons known and unknown” from any liability in connection with our insane decision to get in this balloon. At this point in the flight, with houses below us looking like Monopoly game pieces, I obviously had little choice but to sign the release. 

Staring at the RELEASE, I thought of Moore v. Webb, a 1961 Missouri case.  Lucille Moore was the mother of five children.  She went to see her dentist because one upper tooth was cracked and another one had a loose filling.  She had lost several teeth over the years “from the effects of childbearing.”  (I imagine her kids were teenagers at the time).  Her dentist referred her to an oral surgeon to remove the teeth he could not save. 

Mrs. Moore testified that the oral surgeon took her to “a little place where they drape you and lay you back.”  A “nurse” appeared and gave her a shot that made her “woozy.”  Just before she passed out, a “girl” came in and told her to sign a paper, described as a “formality”.  Mrs. Moore further testified that when she awoke, “my mouth was empty.  I just went hysterical.”  She sued the oral surgeon for pulling teeth without her consent.

Upholding the jury verdict for Mrs. Moore, the Judge, also apparently paid by the word, ruled that the “circumstances surrounding the transaction negative any idea that she signed the paper understandingly or executed any knowing consent by signing the document.  She was under the influence of a narcotizing drug and was going to sleep.”  In short, the release she signed after getting woozy was no good.

The Moore case teaches us that consent obtained from an impaired patient is useless.  Also, if possible, the provider should obtain consent at least 24 hours before providing the treatment.  This gives the patient time to think about her decision. 

As for me, I wanted more information about the “reckless” language in the balloon release. I asked the Captain whether he personally knew folks who had been killed in hot air balloons.  He said that the biggest problem was drunk hunters.  They sometimes try to shoot down hot air balloons.  If a bullet hits the fuel tank, we would all disappear in a huge fireball that would send us straight to the hereinafter.

Hearing this news flash, and realizing that we were flying over rural Chatham County in deer season, my stomach lurched and my knees grew weak.  I spent the rest of the flight on hunter alert – a difficult task when looking for people who are wearing camouflaged clothing and makeup while playing hide and seek with deer.  In the midst of this panic, I did have one comforting thought.  The fireball would incinerate the release.  All hope was not lost.

Of course the hot air balloon ride did nothing to rid me of my fear of heights – if anything, it’s worse now. I decided not to ask for a refund.  After all, the Captain had my signature on the release.