A 77 year old Boston woman crashed her car leading to the death of a bystander. Now the dead man’s widow is suing the doctors, alleging that they should have warned the negligent driver not to drive while taking the prescribed pain medicines.
Jane Berghold, the driver, crashed it through a hospital entrance last year killing two people. She plead guilty to criminal charges, and settled a civil lawsuit.
At the time of the accident, the driver who was undergoing chemotherapy, had complained to doctors repeatedly about being light-headed and dizzy from the medication. The widow claimed that Mrs. Berghold should have been told not to drive in her impaired condition.
Legal Analysis: Doctors have a legal duty to warn of the side effects of drugs and document that they have done so. All medications have side effects but the driver should have also know not to drive in her impaired condition. Personal responsibility folks.