Mr. Brown is an 85 year old man who was admitted to the hospital for treatment of injuries he acquired in a car accident, in which he ran a red light, hitting and seriously injuring another driver. Mr. Brown’s chart indicated that he was diagnosed with mild dementia one year ago. The doctor, who examined him at the hospital, recommended that Mr. Brown discontinue driving. Mr. Brown, however, refused to stop driving and insisted that he is a safe driver. The hospital social worker was troubled that Mr. Brown dismissed the doctor’s recommendations and wanted to contact state authorities to report him for testing at the Driver Control office. Mr. Brown refused to undergo testing on his own volition. The clinic lawyer, strongly recommended that the social worker not contact authorities with these concerns, as this could result in a lawsuit for breach of patient privacy.
This is not an uncommon scenario in the state of Arkansas. In the state of Arkansas doctors are at risk for a law suit if they breach client privacy by reporting concerns about an unsafe driver with dementia to the Department of Motor Vehicles (DMV). In some states, the law allows for doctors to report unsafe drivers with dementia to the DMV without risk for lawsuit. In other states, doctors are mandated by law to report unsafe drivers with dementia to the DMV. If the doctor does not make a report and the patient has an accident that causes harm to others, the doctor may be held liable for damages.
In this Discussion Board, discuss the ethical principles at play. Which principles do you feel are most important? Which state laws do you think are most fair?
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