WASHINGTON, Dec. 7, 2016 (UPI) -- The driver of a Baltimore
school bus that hit a car and a transit bus last month, killing six people, including
himself, had been involved in at least 12 other crashes in the last five years,
the National Transportation Safety Board said Wednesday.
The investigative agency released a preliminary report on the Nov. 1 crash Wednesday, which detailed the
incident and the medical history of the school bus driver. "The school bus
driver had a history of hypertension, diabetes, and seizures. In the past 5
years, he had been involved in at least 12 crashes or incidents while operating
a school bus or personal vehicle," the NTSB report said. "In
addition, the week before the crash, paramedics were called ... because the
school bus driver was experiencing what witnesses described as a seizure."
The report also says the
school bus driver held a medical certificate denoting a medical condition but
it had not been filed with the state motor vehicle administration.
I practiced clinical
neurology in the state of California. California, Delaware, Nevada, New Jersey,
Oregon and Pennsylvania are the only states that require physicians to report
people who have been diagnosed with epilepsy to the local official health
officer. Knowing that driving privileges are at risk often creates a barrier
between the doctor and the patient. Doing the right thing, the moral thing, can
be difficult for both parties. Patients often threatened me to not send in a
report. “Are you going to pay my mortgage, Doc? If I have to quit my driving,
I’ll be in the poor house. You better not send that in.” Many leave in anger.
Specifically, The California
Health & Safety Code 103900(a) (2010) states: “Every physician and surgeon must immediately report to the local
health officer individuals 14 years of age and older whom they have diagnosed
as having a disorder characterized by lapses of consciousness.” Reports
made because the physician acted reasonably and in good faith and believed will
serve the public interest, the doctor shall not be civilly or criminally
liable.
However, it is NOT the physician who decides if any
particular patient should drive or not; it’s the official motor vehicle agency—with guidance by special
medical panels. My experience has been that not all epilepsy patients have
their driving restricted. If the patient and the doctor report that the
seizures occur only during sleep (“nocturnal seizures”) the DMV often allows
driving. But, periodic medical follow/up and reports to the DMV should show no
seizures are occurring. The DMV decides how long a person must be seizure-free?
Seizure-free 6 to 24 months is a routine observation period.
Doing the right thing, the
moral thing, can be difficult. I have followed patients whose licenses had been
revoked for 6-24 months and then restored because they have been seizure-free.
However, occasional follow-up visits have consisted of this scenario: “Are you
taking your anticonvulsant medications as prescribed?” “Oh, yes, Doctor.” “Have
you had any seizures?” Some have said, “Would you have to report to the DMV?”
When I respond, “Yes,” patients have told me, “No, Doctor, I’ve been fine.” The
doctor and patient are thus deprived of the opportunity to improve care by
changing dosages or medications to give better seizure control. If the doctor
fails to report to the health official, the physician is liable for damages by
accident victims.
I have learned of news
reports such as, “The driver lost control
of his vehicle that jumped the curb and crashed into a group of people on the
sidewalk.” As a neurologist dealing with epilepsy that affects one of every
one hundred people, my response would be, “I hope it’s not one of my epilepsy
patients.” What else would cause drivers to lose control? Alcohol? Drugs? An
epileptic black out?
In the other 44 states that
don’t require doctors to report their epilepsy patients, it is hoped that
patients will cease driving on their own and/or will report themselves to their
DMVs. How many individuals report themselves? We can sympathize with their
moral dilemmas. “Are you going to pay my mortgage if you stop me from driving,
Doc? Will I kill myself or others?”
Lance Fogan, M.D. is Clinical Professor of Neurology at the David
Geffen School of Medicine at UCLA. “DINGS” is his first novel. It is a
mother’s dramatic story that teaches
epilepsy, now available in eBook, audiobook and soft cover editions.