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I had a seizure while driving. *Update* Just released from hospital

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Originally Posted by Mark R View Post
I surprised your docs didn't tell you that. It would actually be negligent of them not to tell you.


A doctor would be negligent for failing to give legal advice? As a lawyer, I chuckled.

Here in Kahleeforneeya, the doctor is required by law to notify DMV of your siezure...and most doctors will tell their patients of this. I don't see that as giving legal advice, but instead, merely informing them of the potential consequences. I don't think failing to inform the patient is negligent however.
 
Here in Kahleeforneeya, the doctor is required by law to notify DMV of your siezure...and most doctors will tell their patients of this. I don't see that as giving legal advice, but instead, merely informing them of the potential consequences. I don't think failing to inform the patient is negligent however.

I should probably always * any legal statement with a disclaimer that it doesn't apply to California. It's funny, before citing to any case from California or the 9th Circuit, every lawyer always has that pause where they wonder if it's worth doing so, because the judicial reaction is inevitably going to be "ya, but that's California."
 
I should probably always * any legal statement with a disclaimer that it doesn't apply to California. It's funny, before citing to any case from California or the 9th Circuit, every lawyer always has that pause where they wonder if it's worth doing so, because the judicial reaction is inevitably going to be "ya, but that's California."

heh-heh...yeah, The Granola State...full of fruits, nuts, and flakes. 😛

I believe many states have a similar "lapse of consciousness" law that requires doctors and hospitals to notify the state DMV in such cases.
 
My friend Mike had a seizure behind the wheel of his car way back in 1988. His mother was with him when he seized. She grabbed the wheel and his foot was still on the gas peddle. They went into a parking lot and crashed into a bar causing some serious damage to both the car and the bar.

Turns out he had epilepsy. He didn't know he had it until he seized. After that he had a year's worth of drama. His drivers license was suspended and his insurance was dropped. He was charged by the police and went to court. He won the court case. He then went after his insurance company and won that one. Then it took him 6 months of court dates to get his license back. He hasn't had a seizure since that first one. He takes his meds regularly.
 
http://www.dmv.ca.gov/pubs/vctop/appndxa/hlthsaf/hs103900.htm


Health and Safety Code Section 103900 Reporting Disorders Characterized by Lapses of Consciousness
Reporting Disorders Characterized by Lapses of Consciousness

103900. (a) Every physician and surgeon shall report immediately to the local health officer in writing, the name, date of birth, and address of every patient at least 14 years of age or older whom the physician and surgeon has diagnosed as having a case of a disorder characterized by lapses of consciousness. However, if a physician and surgeon reasonably and in good faith believes that the reporting of a patient will serve the public interest, he or she may report a patient's condition even if it may not be required under the department's definition of disorders characterized by lapses of consciousness pursuant to subdivision (d).

(b) The local health officer shall report in writing to the Department of Motor Vehicles the name, age, and address, of every person reported to it as a case of a disorder characterized by lapses of consciousness.

(c) These reports shall be for the information of the Department of Motor Vehicles in enforcing the Vehicle Code, and shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a motor vehicle on the highways of this state.

(d) The department, in cooperation with the Department of Motor Vehicles, shall define disorders characterized by lapses of consciousness based upon existing clinical standards for that definition for purposes of this section and shall include Alzheimer's disease and those related disorders that are severe enough to be likely to impair a person's ability to operate a motor vehicle in the definition. The department, in cooperation with the Department of Motor Vehicles, shall list those circumstances that shall not require reporting pursuant to subdivision (a) because the patient is unable to ever operate a motor vehicle or is otherwise unlikely to represent a danger that requires reporting. The department shall consult with professional medical organizations whose members have specific expertise in the diagnosis and treatment of those disorders in the development of the definition of what constitutes a disorder characterized by lapses of consciousness as well as definitions of functional severity to guide reporting so that diagnosed cases reported pursuant to this section are only those where there is reason to believe that the patients' conditions are likely to impair their ability to operate a motor vehicle. The department shall complete the definition on or before January 1, 1992.

(e) The Department of Motor Vehicles shall, in consultation with the professional medical organizations specified in subdivision (d), develop guidelines designed to enhance the monitoring of patients affected with disorders specified in this section in order to assist with the patients' compliance with restrictions imposed by the Department of Motor Vehicles on the patients' licenses to operate a motor vehicle. The guidelines shall be completed on or before January 1, 1992.

(f) A physician and surgeon who reports a patient diagnosed as a case of a disorder characterized by lapses of consciousness pursuant to this section shall not be civilly or criminally liable to any patient for making any report required or authorized by this section.
 
It doesn't matter, in Massachusetts you will lose you license for a set amount of time. You must not have any seizures during that time, or it resets. I know two people with this exact problem, and one other older coworker who blacked out at the wheel. That's what happens, license revoked.

This. It's 3 years in MA, at least it was a few years ago, I knew someone who was epileptic. It sounds like a Grand Mal seizure, as opposed to Petite Mal so they'll definitely be taking your license I'd imagine
 
Talking on the phone impairs your driving ability, do you really think a hallucinogenic won't?????

marijuana is not a hallucinogenic, but the myth that it doesn't impair your driving ability is certainly unfounded.

I've driven drunk in the past, and driven stoned, and while there is a certain difference in faculties--I would never make the argument that my driving ability--or perhaps habits, remain unaltered while stoned.
 
Glad you are ok, and didn't cause too much damage, injuries. Do they have you on meds now?

My nephew ran a fire engine into a house when he had a seizure a few years back on a fire call. They said the flashing lights and his lack of sleep triggered it (in association with a major head injury he had when he was a kid).

He wrecked the corner of this house, and wasn't allowed to drive for a year while he took some meds. He is still on the meds, but is allowed to drive now. Hasn't had a seizure since.
 
Yeah. You need to tell the DMV stat.

A seizure is an automatic 12 month ban from driving in most jurisdictions. You will also need to tell your insurance company, so that they can cancel your insurance - if you don't, they'll cancel your policy anyway, and potentially have you prosecuted for fraud.

I surprised your docs didn't tell you that. It would actually be negligent of them not to tell you.

Pretty much the reason I don't believe the OP's story is 100% the truth. And, any sane person who just had a seizure and wrecked their vehicle doesn't get back into the driver's seat until they know wtf is wrong with them/is it going to happen again? The law is barely necessary, except to stop the most idiotic of people from driving again so soon after experiencing a seizure.

OP, you and Zane didn't get together and decide to take turns or something, did you?
 
Pretty much the reason I don't believe the OP's story is 100% the truth. And, any sane person who just had a seizure and wrecked their vehicle doesn't get back into the driver's seat until they know wtf is wrong with them/is it going to happen again? The law is barely necessary, except to stop the most idiotic of people from driving again so soon after experiencing a seizure.

OP, you and Zane didn't get together and decide to take turns or something, did you?

Well, this is Heller we are talking about, the retard that was smoking pot right up to a drug test...
 
The dude smokes pot. Give him a break. He's not a cracked out, heroin shooting meth head.

I would be much more concerned with them driving than a stoned dude.

Hell, I would be more worried about the thousands(tens of thousands?) of people that are driving around hopped up on prescription medication....

It's quite ironic, really. How many of you are like, "OMGDRUGSWTFDRIVINGBBQ", but wouldn't think twice about taking a benadryl or vicodin or something and hopping in your car?
 
The dude smokes pot. Give him a break. He's not a cracked out, heroin shooting meth head.

I would be much more concerned with them driving than a stoned dude.

Hell, I would be more worried about the thousands(tens of thousands?) of people that are driving around hopped up on prescription medication....

It's quite ironic, really. How many of you are like, "OMGDRUGSWTFDRIVINGBBQ", but wouldn't think twice about taking a benadryl or vicodin or something and hopping in your car?

Isn't benadryl a non prescription allergy med while vicodin is a narcotic?
 
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Isn't benadryl a non prescription allergy med while vicodin is a narcotic?

Yes, which is kinda my point. Both can make you unfit to drive, but most people who take them, you know.. need get to get to work. They wouldn't ever think of themselves as "being on drugs", and you most likely wouldn't either, though they most certainly are.
 
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