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Friday, September 14, 2012

Doctor Sued for 2010 Vehicle Accident Caused by Elderly Driver with Dementia

As a result of a 2010 vehicle accident that killed the long-time boyfriend of the then 85-year-old driver, Lorraine Sullivan, a doctor was subsequently sued for wrongful death lawsuit.

According to the lawsuit, Dr. Arthur Daigneault failed to report that his patient Sullivan has a dementia, so that the DMV officials could have revoked her license.

Records show that way back in 2010, while Sullivan was traveling with her long-time partner William Powers, she veered off the Toyota car that she was driving towards a fast-approaching Mercedes.

Unfortunately, Powers died from the injuries he sustained from the incident while Sullivan survived. However, instead of Sullivan, her doctor Daigneault was the one held liable for the incident.

However, in a recent court resolution, the jury ruled that Daigneault should not be held liable for the 2010 fatal car crash.

Predictably, many might be surprised by the court’s recent resolution. Nevertheless, the California law can explain all that.

Under the state’s law, California is among several states that require doctors to report drivers with illnesses that could make them dangerous on the road. However, the law also allows doctors to use their clinical judgment regarding the patient’s condition. 

Meanwhile, according to Daigneault’s diagnosis of Sullivan, the patient was in her early stage of dementia and her condition can still be remedied by medications for memory loss. Daigneault further claimed that Sullivan, in fact, could hide her illness from her family since her condition was just mild.

Daigneault argued that although advanced cases of Alzheimer’s are absolutely subject for reporting, patients in the early stages of dementia, like Sullivan, are still capable of driving.

Consequently, Powers’ family is quite disappointed with the jury’s verdict. However, according to Powers’ son, Craig, he intends to work to change the current reporting law to give doctors less opportunity to escape from their legal liabilities.

On the other hand, a Los Angeles car accident attorney here somehow understands how the Powers family feels after losing the battle over the untimely death of their loved one. Also, he feels the courage that Craig has with his intent in pursuing his goal in giving essence to the death of his father.


Marry rou said...

Thanks for the FANTASTIC post! This information is really good and thanks a ton for sharing it :-)
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