Study: Physicians May Be Held Responsible for Cirrhosis Patients' Driving Impairment

Results from a study published in Clinical Gastroenterology and Hepatology suggest there may be potential legal ramifications for physicians of cirrhosis patients who drive with cognitive impairment, according to a news release from the American Gastroenterological Association.

Between 20 and 60 percent of cirrhosis patients are affected by a kind of cognitive impairment called hepatic encephalopathy, which includes cognitive alterations with selective attention, visuomotor ability and psychomotor speed. Mild HE has also been associated with an increased number of car accidents and traffic violations.

Researchers contacted motor vehicle departments from all 50 states and examined motor vehicle codes and legal databases for HE-related lawsuits. They found that definitions of a medically impaired driver varied considerably, and no state's laws specifically mentioned HE or patients with advanced liver disease. Only six states had mandatory reporting laws for drivers who have medical impairments, and 25 of the remaining 44 states provided legal immunity to physicians for reporting such patients. In addition, there were no completed lawsuits against physicians or patients for motor vehicle accidents associated with driving impairment from HE.

Researchers concluded in the absence of definite laws regarding HE, the responsibility of identifying potentially hazardous drivers, and the associated liability, might still lie with the physician, according to the news release.

Read the news release about physician liability for patients driving with hepatic encephalopathy.

Read other coverage about legal issues:

- 9 Key Legal Issues Facing Endoscopy Centers

- 5 Legal and Partnership Factors That Impact a Surgery Center's Value

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