A physician has a duty to the public to advise and warn a patient about disorder hazards that could endanger others.

 

Seizure Causes Vehicular Injury

The physician did not meet the standard of care because he needed to:

 

Correct Answer

Warn individuals who could be harmed by the patient.

False

Provide the patient with pertinent information about his disorder.

True

Anticipate the public jeopardy if his patient had a seizure while driving.

True

Prevent the patient from having a seizure.

False

General principle drawn from your analysis of this case:

 

Correct Answer

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.

True

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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