In the delicate and complex dynamics of a marital relationship, it’s crucial to recognize the enduring importance of the duty of care, even in the midst of separation. This responsibility becomes even more critical when one partner is a type 1 diabetic, a condition that requires ongoing support.
Duty of care-refers to the obligation to act in a way that promotes the other person’s welfare and protects them from harm.
Type 1 diabetes is an autoimmune condition where the pancreas produces little to no insulin. Individuals with type 1 diabetes rely on external insulin injections or insulin pumps to manage their blood sugar levels. The condition requires constant vigilance, monitoring, and adherence to dietary restrictions.
Legally, diabetics are considered vulnerable under most laws. Both type 1 and type 2 diabetes are protected as disabilities. The Americans with Disabilities Act (ADA) and the Rehabilitation Act specifically protect qualified individuals with a disability, and since 2009, amendments and regulations for these laws make it clear that diabetes is a disability because it substantially limits the function of the endocrine system¹. This means that even if a person’s diabetes is well-managed and they appear healthy, it is still considered a disability.
[1]: https://diabetes.org/advocacy/know-your-rights/is-diabetes-a-disability
[2]: Is Diabetes a Disability? | ADA – American Diabetes Association. https://diabetes.org/advocacy/know-your-rights/is-diabetes-a-disability.
Spouses share the responsibility of supporting each other’s health and well-being. When one partner has type 1 diabetes, the other plays a crucial role in ensuring their safety and quality of life.
The duty of care in a marriage involving type 1 diabetes extends beyond physical well-being— it encompasses emotional support, understanding, and shared responsibility.²³4
Source: Conversation with Bing, 4/14/2024
(1) You, Me, and Diabetes – How the Condition Impacts Relationships. https://diatribe.org/you-me-and-diabetes-%E2%80%93-how-condition-impacts-relationships.
(2) How to Support a Spouse Who Has Diabetes – Diabetes Strong. https://diabetesstrong.com/how-to-support-a-spouse-with-diabetes/.
(3) Tips For Dating Someone with Diabetes Type 1 – A Comprehensive Guide To …. https://diabeticme.org/learning-center/health-guides/tips-for-dating-someone-with-diabetes-type-1/.
(4) What to Do When Your Partner Has Diabetes: A Survival Guide. https://diabetesjournals.org/clinical/article/36/3/270/31755/What-to-Do-When-Your-Partner-Has-Diabetes-A (By Bing Copilot)
Timothy, who had been living with type 1 diabetes since he was two years old, experienced a tragic end due to the deliberate infliction of emotional distress that exacerbated his health conditions, leading to his death. A review of his circumstances reveals that during his divorce, he and his children were subjected to verbal assaults and erratic outbursts. He was wrongfully accused of domestic violence, which led to his unlawful eviction from his residence and separation from his children. After the abandonment, he was left alone with his children for almost a year without any support; he faced threats of physical harm and the re-taking of his children. While debilitated by his diabetic condition, his children were actually taken without any legal or custodial justification, and then isolated from him, to cause him suffering until his demise, presumably for monetary benefits, since actively avoiding the finalization of the divorce, when originally agreed.
In consideration of the references giving by “Ai-Copilot”, the facts of Timothy’s story do not reveal “duty of care”
for him or his children. In the end, not including the psychological abuses, Timothy was a victim of his children’s kidnapping, just as his children are victims having been kidnapped and held hostage by their abusive mother.
See Arizona Law concerning abuses and the intentional infliction of emotional distress upon a vulnerable adult.