Wiki Legal Question regarding a patient

zathras1974

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Hello all, I have a question about an issue that has been nagging in my mind for a few weeks. Any feedback would be appreciated.
Note: I know we are not lawyers, and no input will be considered as legal counsel. I just want to know if I have reason to be concerned.

I work for a 1 doctor/1 nurse practitioner family practice. We have a patient who we strongly suspect is mixing her controlled substances with alcohol. She has come in several times appearing to be intoxicated. Today she was slurring her words and appeared to be unsteady on her feet. Every time she has had an appointment for the past 3 months, she has presented similar to this.

My question is if the practice can be held liable for allowing her to drive in this condition. I know bars can be found at fault for allowing intoxicated patrons to drive. Can a doctor's office also be liable (because we prescribe the drugs)? I know that she has sometimes left the appointment to pick up her grandchildren from school.

If we say the practice isn't liable should she have an accident on the road, are we negligent if we continue to prescribe her medication, knowing it may be mixed with alcohol?

It's really been worrying me, but I don't want to go to my office manager without seeing if I'm reading too much into things.

Again, I know nothing presented will constitute legal advice, I'm just asking for opinions. Thanks.
 
If you know a person is impaired and knowingly allow them to get behind the wheel of a vehicle, yes there is a portion of liability that will fall to the office. The question is whether the patient as impaired. Was alcohol smelled on her breath, or as a level drawn, or did she verbally admit to this. There would need to be documented proof of impairment to deny access to the vehicle. If you are positive the patient is impaired then you have a responsibility to contact law enforcement if the patient refuses to turn over the keys. If you call your local law enforcement agency they will probably tell you the same thing.
 
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