Wrongful Death Attorney on Seizure Cases and Health & Safety Code Section 103900
California Health & Safety Code Section 103900 Typically Involves Seizure or Blackout Conditions
Cases brought under California’s Health & Safety Code section 103900 typically involve diagnosis of a condition which causes seizures or blackouts, such as epilepsy. In some cases, doctors have avoided liability by claiming that other doctors made the diagnosis before, so they believed that the condition had already been reported.
Jury Absolved Doctor in Death Caused by Driver with Dementia
A jury took only a half-hour to find in favor of an elderly woman’s doctor in a case involving the death of the woman’s partner. The deceased man’s family contended that the doctor, by failing to initiate steps to have authorities revoke the woman’s driver’s license, bore some of the blame for the accident she caused, which killed the man. The jury concluded that the doctor’s failure to report the woman did not violate the appropriate standard of care or state law, the Los Angeles Times reported.
Among Dr. Arthur Daigneault’s patients was 82-year-old Lorraine Sullivan. Daigneault had treated Sullivan for memory loss, dementia and Alzheimer’s disease since December 2007. The doctor last saw Sullivan in May 2010, where the patient complained of still-worsening memory. The doctor switched Sullivan to a different Alzheimer’s drug.
Legal Requirements of California’s Health & Safety Code Section 103900
Although California law, specifically Health and Safety Code Section 103900, requires doctors to submit a confidential report to the local health department officials when a patient is diagnosed with Alzheimer’s disease or related disorders, including dementia, that are severe enough to be likely to impair the patient’s ability to operate a motor vehicle, the doctor did not report his patient. Daigneault testified that he believed Sullivan’s memory issues were not sufficiently severe to require a report to the health department.
Two weeks after that last appointment, Sullivan drove her Toyota Corolla into oncoming traffic. The ensuing accident injured her, but killed long-time partner William Powers, who was riding in the passenger’s seat. Powers’ family sued Daigneault for wrongful death.
The doctor argued, however, that neither the statute nor the standard of care he owed Sullivan required him to report her to state authorities. While severe cases of Alzheimer’s might be a valid trigger for reporting and revocation of a driver’s license, Daigneault contended that Sullivan’s problems were comparatively mild. According to the doctor, Sullivan was lucid and competent enough that she was still able to hide her memory loss from her family.
Case Placed a Spotlight on Issue of Elderly Drivers
The Orange County jury sided with the doctor. Daigneault did not act improperly by declining to report Sullivan, the jury determined. The doctor’s attorney cheered the verdict after the case’s conclusion. “The purpose of the statute is not to get forgetful people off the road,” the attorney told the Times. Powers’ son, Craig Powers, who served as one of the plaintiffs in the case against Daigneault, expressed disappointment to the Times but also stated his hope that, even in defeat, the case placed a spotlight on the issue of elderly drivers and the dangers posed by declining reflexes and memories. The son expressed an interest in advocating for changes to the statute to reduce the amount of independent judgment doctors have in deciding whether or not to report seniors with dementia or related problems. “Why not err on the side of safety?” the son asked.
Contact a Wrongful Death Attorney in the San Francisco Bay Area
Any time a person dies as a result of a vehicle crash, it is tragic. In many cases, though, it is also preventable. If you have lost someone in a car accident, you should call a San Francisco wrongful death attorney right away to discuss the circumstances surrounding the situation. Any of a number of people who could have prevented the accident may have also had a legal duty which they failed to meet. An attorney can help you find out whether the law holds someone else responsible for their failure to take actions which could have prevented the incident.
Boone Callaway is a personal injury & medical malpractice lawyer in San Francisco who has been working with clients in the Bay Area for over 25 years. Mr. Callaway is one of only a few personal injury litigators in San Francisco who is a Super Lawyer, AV Rated and is also a member of ABOTA – American Board of Trial Advocates.
