Citation

Coopersmith HG, Korner-Bitensky NA, Mayo NE. CMAJ 1989; 140(4): 375-378.

Affiliation

Jewish Rehabilitation Hospital, Laval, PQ.

Copyright

(Copyright © 1989, Canadian Medical Association)

DOI

unavailable

PMID

2720500

PMCID

PMC1269167

Abstract

Current legislation indicates that physicians in Canada have a legal responsibility to know which medical conditions may impede driving ability, to detect these conditions in their patients and to discuss with their patients the implications of these conditions. The requirements to report unfit drivers vary among the provinces, and the interpretations of the law vary among the courts; therefore, physicians' risks of liability are unclear. Physicians may be sued by their patients if they fail to counsel the patients on the dangers of driving associated with certain medications or medical conditions. Physicians may also face legal action by victims of motor vehicle accidents caused by their patients if the court decides that the physicians could have foreseen the danger of their patients' continuing to drive. Physicians' legal responsibilities to report patients with certain medical conditions override their ethical responsibilities to keep patients' medical histories confidential.