On January 17th, the Court of Appeals examined whether a hospital or healthcare provider can be held liable for a third party’s injuries if they release a patient in an impaired state without warning them that it could affect their ability to drive, and this patient ends up injuring the third party. In this specific case, a hospital administered drugs to a patient and then released her without warning her that the drugs they administered could affect her ability to operate her car, resulting in severe injuries for both her and the other driver that she hit. The Court of Appeals ultimately held the hospital responsible for the third party’s malpractice issues.
Hospitals Liable For People Who Are Not Their Patients
In this particular case, the hospital patient released from the emergency room had been placed on a very strong opioid painkiller. This led her to cross the double yellow line as she was driving home, crossing into oncoming traffic and hitting another vehicle, causing severe injuries for everyone involved.
Many would remark that, obviously, the hospital is responsible for any injuries that their particular patient incurred; however, the driver that she hit sued the hospital and clinicians, claiming that they owed the him a duty of care as well. The New York Court of Appeals ultimately ruled in this third party driver’s favor, finding that not only should the health care provider have warned their particular patient, but in not doing so, they created a “peril affecting every motorist in [the patient’s] vicinity.”
A Simple Warning of Malpractice Issues Could Save Lives
The outcome of the case requires a very simple step from these health care providers: they must provide a warning to the patient of the potential dangers. This should be done at the same time the patient is informed about the potential side effects—as well as provided with other information—about the drug that they have taken or which has been prescribed for them to take.
Decision Extends the Scope of Responsibility
This particular decision is monumental in that, previously, courts would often dismiss such as a case, finding that a health care provider cannot owe a duty of care to someone who is not their direct patient—i.e. the driver who gets hit by their patient. This decision ultimately extends the scope of individuals covered under a physician’s responsibility.
Medical Malpractice Attorneys
Medical malpractice issues is not always as obvious as, say, operating on the wrong side of the body or leaving a medical instrument in a patient during surgery. Providing negligent care is another form of medical malpractice, and that applies to prescriptions as well as every other service provided by health care providers.
We at Harrell & Nowak are dedicated to ensuring that if you have suffered as the result of medical negligence—and anyone else has suffered as a result—you will be compensated. Contact us today for a free consultation.