| |
Seizure
Causes Vehicular Injury
The physician did not meet the standard of care because he needed
to:
| |
|
Warn individuals who could be harmed by the patient. |
| Provide the patient
with pertinent information about his disorder. |
| Anticipate the public
jeopardy if his patient had a seizure while driving. |
| Prevent the patient
from having a seizure. |
General principle drawn from your analysis of this case:
| |
A
physician has a duty to advise a patient about the aspects
of a disorder that are not readily discernable, but could
endanger a third party in the future.
|
|
When a patient’s illness poses a foreseeable risk to other
people, a physician has a duty to explain these risks so that the
patient has the opportunity to curtail his/her activity appropriately.
If a physician does not do so, he/she may be held liable to a person
injured when the risk materializes. The physician did not meet the
standard of care because he did not take action to prevent his patient
from injuring other people. He did not provide the patient with
pertinent and accurate information about the nature of his seizures
even though such information was necessary for the safety of others.
Because seizures are difficult to control, the physician should
have anticipated that the public would be in jeopardy if his patient
had a seizure while driving a car.
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