Drowning at Windy Point 10-13-2007

[LVX]

Well, as Kevin pointed out, if the sheriff did in fact relay the autopsy report to the instructor (which I have serious concerns about) that is highly illegal. I doubt the family even had the autopsy reports at that time and if they did, they would have needed to give permission to the sheriff before he gave out the info. I doubt that particular sheriff even spoke directly to the family let alone got permission to tell the instructor. If the family wanted to file a suit, they especially would not want someone posting all this information on a forum for the world to see. I think you are digging a hole for your instructor and I would advise you to stop posting....

 

[Hemlon]

Divintex: Do you know what time he got separated from the instructor?

My reason for asking is that at 10:58 a.m we were heading down the chain that starts from the furthest right platform (looking out) This is also the chain that passes within a few feet of the wrecked sailboat. At around 80 feet we came across a solo diver (single tank,small hand held light) He was coming up the chain and appeared to be fine,although he did not respond to an O.K? signal from my light.
Any chance that this diver was the victim? I would hate to think that we passed by a diver that had a heart attack a few minutes later.

Edit: Buddy recalls the solo diver as being at 100 feet. Either way we were surprised to come across him at that depth.

That might have been me. I was ascending along that chain after a rather deep dive and I was solo-ing. I had a 19 cf pony bottle slung across my left chest so that would have made me easier to recognize.

I came across another solo-er at around 100 ffw. We exchanged the ok sign and each went along our merry way.

 

[LVX]

That might have been me. I was ascending along that chain after a rather deep dive and I was solo-ing. I had a 19 cf pony bottle slung across my left chest so that would have made me easier to recognize.

I came across another solo-er at around 100 ffw. We exchanged the ok sign and each went along our merry way.

Unless you can change sexes, I don't think that was you....

edit: also I would hope you would have had a bigger light than the one this diver was carrying and they were not carrying a pony.

 

[John_B]

I don't have a dog in this fight, but IIRC the HIPAA rules apply differently for deceased persons.

John

 

[LVX]

I don't have a dog in this fight, but IIRC the HIPAA rules apply differently for deceased persons.

John

You are absolutely right but it must be obtained through a Freedom of Information Act only. The sheriff would not have been legally allowed to freely give this information out to the public. I just checked.

2. May information from a deceased person's medical record be disclosed to the public?

Answer: Contact your Area/Program office Privacy Act Coordinator if you receive such a request. The request for access to the medical record of a deceased person must be treated as a FOIA (Freedom of Information Act) request.

 

[Hemlon]

I agree with her decision to remove most of her posts. Too much conflicting information was posted in the first place.

 

[Debraw]

I couldn't believe we got so much information so quickly. Usually we here about a dive incident or accident and then we all speculate and we never hear what really happen. I know as a diver who has read this forum for many years that I would never post an accident or incident for fear of going through the wringer on what I typed, the "tone" I used in typing, or the what the definition of "is" is. I know I have typed a few things over the years and after getting beat down a few times on a particular thread I would get tired and go remove all my posts. Now I just stop posting as much and started lurking more. Keeps me out of the line of fire. Having said that I am sure I just completely contradicted myself and opened myself up to a whole new flame war. Oh well, flame away.

:lurk2:

 

[tlessard]

Obviously, some of you were not there for part or any of it...most of her story did make sense and the time lines stated seemed *plausibly* accurate. Given the traumatic situation and her experience level, it's understandable that some details would be off slightly and explanations would change as she better understands the details herself.

Most divers new and crusty are loyal to their instructors, that's certainly not a stretch. She was not the instructor, as he was a male and I saw him with my own eyes. Flaming her for things that she would not have a clue about as a newly certified AOW diver is not going to get anyone anywhere.

Those of us that were there before the victim was recovered and saw some of the people mentioned DO have a slightly better understanding of the situation, so it might be easier for us to wrap our brains around what she has stated. That said, anyone actually wanting to learn something about and from the situation would have done best to close their mouths, open their ears, and ask intelligent, non-confrontational questions. The spouting of opinions and legal advice is not generally considered a welcome mat for an open public forum...

 

[ReefHound]

Most divers new and crusty are loyal to their instructors, that's certainly not a stretch. She was not the instructor, as he was a male and I saw him with my own eyes. Flaming her for things that she would not have a clue about as a newly certified AOW diver is not going to get anyone anywhere.

I wasn't making that as an allegation just a thought that crossed my mind at one point. And on the internet anybody can be anybody, I could create an id and sign it "Sally".

 

[ReefHound]

The fact is a fellow died and that is 'very tragic'.....the rest of what happened and why is frankly none of anyones business here---GEE.....

Such could be said about *every* accident and thus we would never discuss accidents or learn from them.