Legal Advisor: Reporting Patients to the Registry of Motor Vehicles

Liability to Third Parties

The Massachusetts Supreme Judicial Court recently held that a physician owed a duty to a third party who was struck and killed by a patient's car. The physician had prescribed the patient medication, but allegedly failed to warn the patient of side effects that could impair his ability to drive. It is possible that the Court opinion imposing this duty will be broadly interpreted to encompass other conditions (aside from medication) impeding the patient ability to drive. Therefore, although the case does not address disclosure to a third party such as the RMV it does suggest that physicians should warn patients about the risks of driving with physical and mental impairments, and then clearly document the warning in the chart.

Next: The American Medical Association (AMA) Weighs In