LEGAL IMPLICATIONS
Posted by admin on November 2nd, 2008The failure to warn a patient of the dangers of driving while taking certain medications or the failure to advise a patient with brittle diabetes or epilepsy or another serious impairment not to drive could result in significant liability. Although the disclosure of a disability to appropriate authorities may violate confidentiality, it is sanctioned when public safety is imperiled. Indeed, the failure to notify such authorities could also result in liability and criminal charges. About 30% of states have laws and policies that mandate the reporting of impaired drivers, and many states have laws to protect physicians’ anonymity when reporting such drivers.
The principal legal concern is foreseeability (the ability to predict a risk or threat to public safety and health), which is particularly relevant for drivers with obvious impairments. If special testing of driving performance is warranted, physicians should report patients to departments of motor vehicles and consult department personnel or the appropriate medical advisory boards for specific guidelines.
Tags: IMPLICATIONS, LEGAL
