- All participants with mild dementia were rated as “not safe” by the end of 2 years by Duchek et al.25
- Median time to “failure” (or a rating of unsafe) was 324 days for drivers with mild dementia vs 605 days for those with very mild dementia, as reported by Ott et al.26
Mr. D’s passionate plea for reconsideration highlights the need for communities to develop alternate transportation for seniors whose driving becomes unsafe (Box 2).
Legal liability? Physicians often are concerned about legal responsibilities and risks involved in reporting unsafe drivers. Be aware of local statutes or legislations regarding mandatory reporting of patients you deem unsafe to drive.17 These laws usually protect physicians from lawsuits related to violating patient confidentiality. Civil lawsuits remain possible, however, if clinicians fail to report an unsafe driver who subsequently is involved in a motor vehicle collision.27
1. Meet with family first. Help them assume a positive and supportive role. Explain concretely and empathically your concern for the safety of the patient and others. Clearly outline your findings that the patient is not fit to drive, and explain that the law requires you to report the patient to the authorities.
Remind family members that the goal of driving assessment is to prevent a collision, and they carry some responsibility because they are aware of the potential risk of letting their family member continue to drive. If necessary, have family members witness a repeat performance by the patient on the most revealing test. Discuss the importance of finding alternate transportation to reduce the risk of isolation and depression that can follow driving cessation.
2. Meet with patient. Having the family present can be helpful, but ask them to assume a supportive role. Give the patient a positive role by recognizing that he or she has been a responsible driver, and part of this responsibility is to stop driving before an accident occurs. Acknowledge that it is normal to be unhappy upon learning that one’s driving privileges are being revoked.
Sometimes it helps to give the patient a prescription in their name that says, “Do not drive.” Families who receive a copy may find this very helpful, too, for reminding the patient later about what you said.
If your patient argues with your position, remain firm and do not argue. Indicate that you have made notes on the meeting and are notifying the authorities about the patient’s unsafe driving. You can add that your chart could be subpoenaed and the patient may be legally liable and financially responsible should he or she continue to drive and have a collision.
3. Talk about transportation options. Family members could share driving responsibilities. Taxi rides can cost less than maintaining a car if the patient drives <4,000 km (2,500 miles) per year. Suggest that patients or families find volunteer drivers or contact helpful taxi drivers a day before an outing is planned.
4. If patient refuses to comply, meet with the family again and encourage them to remove the patient’s opportunity to drive (confiscate the keys, disable the car, or remove the car altogether).
Provide a written statement to the patient and family outlining why the patient can no longer drive. Indicate that it is your legal responsibility to report unsafe drivers, and you intend to notify the authorities regarding the patient’s driving status. If the patient remains noncompliant, continue to encourage family to remove the opportunity to drive.
Related resources
- Physician’s guide to assessing and counseling older drivers. American Medical Association and the National Highway Traffic Safety Administration, 2003. www.nhtsa.dot.gov/people/injury/olddrive/OlderDriversBook.
- Determining medical fitness to operate motor vehicles. Canadian Medical Association. 2006. www.cma.ca/index.cfm/ci_id/18223/la_id/1.htm.
- Canadian Driving Research Initiative for Vehicular Safety in the Elderly (CanDRIVE). www.candrive.ca.
Disclosures
The authors report no financial relationship with any company whose products are mentioned in this article or with manufacturers of competing products.
Dr. Rapoport receives grant/research support from the Canadian Institute of Health Research and the Ontario Neurotrauma Foundation.