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Doctor Sued in Fatal Auto Accident.

DeletedUser34

My cousin works for WebMD, and every so often she sends me an interesting question. I found this one pretty good. So what are you thoughts.

Haylen_WebMD_Staff said:
In 2010, an 85-year-old driver caused a crash that killed her longtime boyfriend.

A doctor, who treated the driver for dementia for two years, is now facing a wrongful death lawsuit for the accident:

Doctor accused of failing to report his patient so the DMV could take her license.

Should the doctor bear some responsibility for the death?
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Thoughts?
(It should be noted Haylen is not my cousin, but I figured she deserved the credit for the original question)
 

DeletedUser

As someone who is looking to become a physician, this is exactly the kind of stuff that scares me. There are countless laws about this and that, procedures to follow, etc., and if you happen to not know one thing out of those, it could be what costs you your career or even put you deeply in debt.

While I am iffy on the doctor's blame in this, I do seriously question why the family members did nothing to make sure she couldn't harm others. If she had been going to the doctor to be treated for dementia for two years, at the very least everyone would know that there may be something wrong.
 

DeletedUser34

I have an opinion obviously (as if I would ever NOT :p) But before I post it, I am just kinda curious about various thoughts.
 

DeletedUser3

If it is a legal requirement for the doctor to report such issues to the DMV, then yes he warrants some blame from a legal standpoint. If it is not a legal requirement, it is a frivolous lawsuit posed to cash-out on insurance hush settlements.
 

DeletedUser34

His doing so would totally violate HIPPA....so if he has to abide by that, how can he be responsible?
 

DeletedUser34

hmmmm...ok, going off on a curve here then...HOW IN THE WORLD....do her civil rights get violated, but it is asinine to say that people with mental illnesses should be forced to take their meds?????

Why the doctor? Why not the family?
 

DeletedUser3

I have no idea who says peeps should be forced to take their meds (although when you're in a mental health facility, you are required to take your medication). Also not quite understanding your latest argument or query.
 

DeletedUser34

I don't really have an argument. It is more a thought. My thinking is, if we can't force some people to do some stuff, how can we hold those caring for them responsible for the actions of others. More to the point, HIPPA has become such a cluster, that you'd have to hire a full time person just to know all the ins and outs. And finally, why the doctor? Why not the family. They were more guilty of dropping the ball if you think about it. The boyfriend had to have noticed something was off and he had no problems being her passenger. If it were me, I'd never make it a topic for the dinner table, but I'd be very attentive and make sure I was able to position myself to be the driver. The family should be held liable for not doing what needed to be done to take her license from her.

I think, taking the whole who is at fault out of the picture, it just irks me that the family of the boyfriend is looking for a scapegoat. He played just as much a role in his demise as she did. People need to just look at life and think, it is a circle, and our positions on said circle are where we put them....most of the time (I didn't ask for my car accident)

edit:

OK for all that rambling....I have finally put my finger on my argument.....shouldn't the boyfriend be accountable for HIS choices rather than blame the doctor?
 
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DeletedUser

Dominotx711 said:
OK for all that rambling....I have finally put my finger on my argument.....shouldn't the boyfriend be accountable for HIS choices rather than blame the doctor?
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DeletedUser

Dom, did you read the link you provided?

The boyfriend's own family forced him to give up his licence. He therefore would not have been able to "make sure I was able to position myself to be the driver." He was also 90 years old. Exactly how attentive could he have been to the signs of dementia from his partner?

I'm not sure what Hippa is, but I'm going to assume it's similar to our Breach of Confidentiality. There are exceptions to a Duty of Confidentiality: one of them being a statutory duty which makes it mandatory to report certain illnesses (or contagious diseases) to the appropriate authorities. In this case, and going by the article linked, it seems as though this particular doctor was well aware of his patient's increasing dementia. "In December 2007, court records show, Sullivan told Daigneault, her longtime doctor, that she had memory loss. Tests showed a slight decline over the next year, and in June 2009, he prescribed an Alzheimer's drug. When she complained that her memory was still worsening, he switched her to another dementia drug." He should therefore have reported it to the appropriate authorities - the DMV.

What seems obvious here is that various governing bodies need to make clear guidelines (or laws) for reporting instances of dementia and other conditions that a person may have and that may affect his ability to safely interact with his fellow citizens.


(This case was meant to have gone to jury a couple of weeks ago. I'm interested in knowing what the jury decided but I can't find that info. Can anyone else?)
 
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DeletedUser

The victim's son, Craig Powers, a plaintiff in the case, said he was disappointed by the decision but pleased to bring attention to the issue. The number of older drivers is rapidly increasing, and taking away their keys can be a wrenching decision for families.
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Absolutely pathetic. You can't do it yourself, and so you demand it from someone else?
 

DeletedUser3

Daniel said:
Absolutely pathetic. You can't do it yourself, and so you demand it from someone else?
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Actually the guy who made that comment was the son of the victim, not the son of the elderly woman with dementia, so he was making a comment about how the elderly woman's family, had they known, would have been placed in a "gut wrenching" position of taking the keys away from the woman. However, the article also indicated that the elderly woman's condition was at such an early stage should could effectively hide her condition from others (her family, for instance).

It is reasonable to assume, in this case, the victim's family was hoping to blame someone other than the elderly woman. But, I think it is just as reasonable to assume the woman's dementia may have had nothing to do with the accident at all. I.e., she may have been distracted or tried to txt someone. ;)

All the evidence was not presented in that article. One particular piece of evidence not discussed was what the police report indicates as "probable cause."
 

DeletedUser34

Lately I have been distracted all the time, and I only text at red lights. I hope nobody sues my doctor because I have lost my marbles.........just saying....
 

DeletedUser

Dominotx711 said:
His doing so would totally violate HIPPA....so if he has to abide by that, how can he be responsible?
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HEPA has a provision in it that if someone is a danger to themselves or the community at large then privacy rules don't apply so that the authorities/family members/power of attorney can be notified of the situation.
 

DeletedUser3

Indeed, it is however at the discretion of the doctor as to what is deemed a danger to self or others.
 

DeletedUser

Dom, I liked your comment about taking personal responsibility for ones actions. (We need to be hearing that more often.)
Lawsuits typically target the deepest pocket, not the primary cause.
 
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