We read with interest the editorial by Chadwick [1] and article by
Krauss et al. [2] A number of patients have kept valid drivers licenses
after involvement in seizure-related motor vehicle accidents (MVA), and we
question whether police responding to these accidents are aware that the
MVA was caused by seizures.
We prospectively have questioned patients at the University of Miami
and Epilepsy Foundation about seizure-related MVAs. In following these
patients over an 8-month period, 13 admitted to being involved in 14
seizure-related MVAs (only one patient was involved in two seizure-related
MVAs) out of a population of 1523 patients. Three of the 13 patients had
been seizure-free for 6 or more months, 10 patients had incompletely
controlled seizures. All 13 patients held a valid Florida’s drivers
license at the time of the accident.
The seizure causing the accident was not witnessed by the policy in
any of the 14 accidents. Patient’s confusion (post-ictal) was usually
ascribed to the accident or suspected drug-use so it did not help cue
officers to the occurrence of the seizure. Eleven patients concealed the
fact that they just had a seizure from the policy and computerized DMV
files had no record about their epilepsy. These findings indicate that
these patients had never disclosed their seizures to the DMV, and
apparently had no intention of disclosing them despite the accident.
In two out of the 14 instances the seizure was disclosed to the
officer. In one case it never made it to the police report and the other
patient was fined for reckless driving but did not lose their license.
These two cases cause the concern that authorities themselves do not have
a clear understanding of the consequences of poorly controlled seizures.
Eight of these patients are still driving.
In Florida, information about a patient’s seizures is held in
confidence by the patient-doctor relationship. Information is provided to
the DMV through the yearly check-up form that is required for patients
that have previously reported their seizures to the DMV. [3] However, many
of our patients never report their seizures to the DMV thereby avoiding
the need of yearly medical clearance. While many patients were honest in
reporting seizures to their doctors, they clearly did not do so with the
DMV. Voluntary disclosure will not work if patients act irresponsibility
in regards to their seizures. We agree with Dr. Chadwick that record
linkage between various regulatory agencies and relevant medical
information would go a long way in preventing these types of infraction.
[1] We also agree with Krauss et al. [2] that to be effective, in a state
like Florida, voluntary disclosure must be backed by legislation giving
physicians “good faith” immunity for voluntarily reporting patients that
pose a threat to public safety.
References:
1)Chadwick DW. Driving restrictions and people with epilepsy.
Neurology 2001;57:1749.7150.
2)Krauss GL, Ampaw L, Krumholz A. Individual state driving
restrictions for people with epilepsy in the US. Neurology 2001;57:1780-
1785.
3)Florida Statutes Title XXIII, Chapter 322;125: Medical Advisory
Board (3b).