Does a physician have to be liable to third parties for failing to warn a patient or regulatory authority that the patient suffers from a medical condition which may impair their ability to drive?
British Columbia, Canada
The following excerpt is from Zhang v. Garrison (Re), 2009 BCSC 1741 (CanLII):
The plaintiffs point to the fact that a physician may be found liable to third parties for failing to warn a patient, or a regulatory authority, that the patient suffers from a medical condition which may impair his or her ability to operate a motor vehicle: Bakker v. Van Santen, 2003 ABQD 92. They argue that if a physician may be found liable to third parties respecting a patient’s use or operation of a motor vehicle, a physician may similarly be found liable to third parties respecting a patient’s use of an aircraft.
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