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Physician s Role in Assessing Medical Conditions that affect Driving: Repor...






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Objectives. Reporting procedures and laws in MichiganThird party liability Optional vs mandatory reporting American Academy of Neurology (AAN) Position statement on driving issues Role of Medical Advisory Board Update on the legislative changes in the Michigan Driving Law. Forms DI-4P and OC-88.
Physician s Role in Assessing Medical Conditions that affect...

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1. Physician?s Role in Assessing Medical Conditions that affect Driving: Reporting and Immunity Marianna V. Spanaki, M.D., Ph.D., MBA Senior Staff Neurologist, HFHS Director Epilepsy Monitoring Unit Associate Professor Neurology WSU

2. Objectives Reporting procedures and laws in Michigan Third party liability Optional vs mandatory reporting American Academy of Neurology (AAN) Position statement on driving issues Role of Medical Advisory Board Update on the legislative changes in the Michigan Driving Law

3. Forms DI-4P and OC-88 Physician?s Statement of Examination (DI-4P) Physicians provide information to the Secretary of State about physical and/or medical conditions that affect driving ability Request for Driver Evaluation (OC-88) Request for a driver assessment reexamination

4. Liability and DI-4P Form ?Third Party Liability? Duvall v. Goldin, 139 Mich App.342, 362 N.W.2d 275 (1984) If a doctor-patient relationship exists and the potential that the patient?s condition could cause a risk of harm, and that risk is not ?so rare or so unusual?, then the physician has a duty of care to third persons By filling out the DI-4P form physicians can be held liable if their patients experience ?an episode? behind the wheel

5. Breach of Confidentiality and OC-88 Forms OC-88 Forms are not anonymous Physicians can be held liable for breaching the patient-physician confidentiality

6. Mandatory Reporting Six States have mandatory reporting California, Delaware, Nevada, New Jersey, Oregon and Pennsylvania 5/6 states physicians who fail to report are not convicted of a summary defense 2003 survey in California led by the AAN showed that 9% of patients had concealed information about their seizures 19% had considered withholding seizure information


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