Legal Question in Personal Injury in West Virginia
Liability for epelipsy patients causing auto accidents
Can a DOT Physician be held liable for certifying a person with epilepsy fit to drive? example: A person with epilepsy has drivers licences revoked due to epilepsy and accidents caused from this, never before resulting in injury of another person. Dot Physician says said person is fit to drive, Patient then has several accidents, then again is suspended, Dot physician recertifies patient is fit to drive... End result a head on collision when patient has a seizure,, Other driver incurs,, serious brain stem injury, and maintains persistant vegetative state. Past case codes and references of such subject would be greatly helpful...Thank You
2 Answers from Attorneys
Re: Liability for epelipsy patients causing auto accidents
In my opinion the doctor can be held liable. There have been cases similar to this in other states. I know of no WV case.
Re: Liability for epelipsy patients causing auto accidents
The factual situation described could result in liability on the part of the doctor. Liability is contingent upon the standard of care. Medical Malpractice in W. Va. requires settlement or litigation within 2 years or a claim cannot be brought. A personal injury lawyer with medical malpractic experience will evaluate the case and seek an expert opinion without cost to the family. If breach of the standard of care is shown, claim should be made and compensation had for the victims. It is likely that there are other sources of recovery. The family ought to consult a lawyer.
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