N.Y. Court: Doc May Owe 3rd Party for Not Warning Patient About Driving on Meds

December 21, 2015

New York’s highest court has reinstated a medical malpractice suit against a Long Island hospital and the doctor and physician’s assistant who gave painkillers to a woman who subsequently crashed her car.

The suit was filed by the driver of a bus who was injured in the crash. It claims the medical providers at South Nassau Communities Hospital failed to warn Lorraine Walsh that the opioid narcotic and anti-anxiety drug she got intravenously two hours earlier could impair her ability to drive safely.

Walsh crossed a double-yellow line and hit the bus.

The Court of Appeals, divided 4-2, says medical providers have a duty to warn patients of the possible danger from drugged driving that extends to third parties.

The two dissenters say that duty only applies to the patient.

Topics New York Personal Auto

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Latest Comments

  • December 22, 2015 at 12:29 pm
    boonedoggle says:
    Perhaps the laws of physics don't apply in NY, but how could a car colliding with a bus transfer sufficient impact dynamics to cause any injury to a bus driver or occupant?
  • December 21, 2015 at 5:13 pm
    Agent says:
    This is hard to believe that the patient was not warned of the drug's use. Almost every place you get treated makes you sign a number of forms including drugs prescribed with... read more

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