Can a physician issue "doctor’s orders" to his patient to stop driving? If so, what is the legal effect?

My wife was recently diagnosed with multiple scleroses (M.S.). She was having coordination problems and getting into many car accidents — with our three young children in the car. I thought she was just exhausted from or distracted by the children; also, she is from rural Pennsylvania and we live in Philadelphia, so I figured she simply was not used to driving in the city. But her constant accidents and other coordination problems prompted her to see our family doctor who referred her to a specialist at a local hospital who gave her an MRI and found lesions on her brain. She was treated at the hospital for a week just last month, and released home. Mystifyingly, she has continued to drive, despite my desire that she *not* drive, and, not suprisingly, has repeatedly gotten into *more* car accidents resulting from her lack of coordination and "blackout spells" — *with the kids in the car,* even after promising me she would stop driving. When I discovered she drove *again* his weekend with the children in the car and without my knowing, I was furious. When I confronted her about it, she was unrepentent about having driven, so I drove the car away, parking it in another neighborhood, and immediately called the specialist who treated her at the hospital, but couldn’t reach him. I then e-mailed him, figuring he probably had a palm-pilot and would get the e-mail quickly. I explained the situation and, to his credit, he responded *within 10 minutes* with "I can report her to the DOT" (his short response seemed to confirm that he received my email on a personal assistant device). I’m not sure if he meant the Pennsylvania DOT or the U.S. DOT, but I figured I figured he meant the former. Also, about a half hour later, the doctor contacted me again via email, asking me for my wife’s driver’s license number, which I provided him.

I figured if he actually was going to report her to the Department of Transportation (US or PA), he wouldn’t have been able to do so until today, given the holiday weekend, so I had not bothered him again all weekend, but I wanted to get in contact with him again today. I was wondering what "I can report her to the DOT" means from a practical standpoint…whether, In other words, she is now under doctors’ orders to cease and desist from operating a motor vehicle, whether "reporting her to the Department of Transportation" somehow acquires the State’s imprimatur on his orders to this effect, whether it is now *illegal* for her to drive (akin to driving without a license), wthether this constitutes a suspension of her driving privileges, and so on. Also, whatever it means, I wondered how long this state of affairs lasts and whether I can get some documentation of this, either from the DOT or from the doctor documenting his orders that my wife is not permitted to operate a motor vehicle.

So, I just emailed him again and asked him, and he responded, "Physicians can only report medical data to the department. We have no authority about licensing."

Am I correct in interpreting his answer as meaning that there is no such thing as "doctor’s orders to stop driving"? Is he really powerless in this regard? Can he not write some letter that I can show my wife and the State deeming her unfit to drive? If not, then what happens after he contacts the DOT? What does *that* mean? What does the DOT do in this regard, if anything? Can the DOT revoke my wife’s license as a result of the medical data he provides? Do I need to contact anyone in the DOT and request this?

Any insight would be greatly appreciated.
EDIT: To "rejectedsoul," how *dare* you imply that I have been remiss in any way! I HAVE taken the car keys, all of them, but she apparently had yet another which she kept hidden and, despite my demands and attempts to locate it, she continues to keep it hidden. I have VEHEMENTLY DEMANDED that she stop driving, but, as I *said*, if you had *bothered* to read the details of my question, that I have taken steps to physically prevent her from driving; to wit: taking the keys and hiding the car. I also have a "club" which I intend to put on the car. She may have hidden a car key from me, but *I* have both keys to the "club," so she won’t be able to operate the vehicle. Nevertheless, I want to get some *official* prohibition of her driving, either from her doctor or the state, hence my question.
To CatLaw: Thank you for your thoughtful response. No, I’m honestly not sure WHAT to do in the long term. But for now, I’d like to emphasize that my wife is EXPERIENCING BLACK OUT SPELLS BEHIND THE WHEEL OF THE CAR. So, yes, I think taking steps to force her to "sit nicely" in the house might be appropriate for now under these extreme circumstances. I understand that your answer, sympathetic as it is to my wife’s position, stems in part from your experience with family members with M.S. who are, as you put it, "leading close to normal lives"; that does NOT aptly describe my wife at this time. I think, and the community seems overwhelmingly to agree with me, that my wife should NOT be driving right now. SHE should be able to see that too, but for whatever reason, she is NOT acting responsibly. Thus, I must take ANY measures to ensure the safety of my three young children, whose welfare comes FAR before any concerns of inconvenience to my wife or her loss of "independendence."
To CatLaw: Thank you for your thoughtful response. No, I’m honestly not sure WHAT to do in the long term. But for now, I’d like to emphasize that my wife is EXPERIENCING BLACK OUT SPELLS BEHIND THE WHEEL OF THE CAR. So, yes, I think taking steps to force her to "sit nicely" in the house might be appropriate for now under these extreme circumstances. I understand that your answer, sympathetic as it is to my wife’s position, stems in part from your experience with family members with M.S. who are, as you put it, "leading close to normal lives"; that does NOT aptly describe my wife at this time. I think, and the community seems overwhelmingly to agree with me, that my wife should NOT be driving right now. SHE should be able to see that too, but for whatever reason, she is NOT acting responsibly. Thus, I must take ANY measures to ensure the safety of my three young children, whose welfare comes FAR before any concerns of inconvenience to my wife or her loss of "independendence."

better question is why are you allowing a dangerous person in your car with the kids

take all car keys from her i guess you can afford a few grand a month in insurance you know you can face neglect and endangerment charges for allowing her behind the wheel

take some personal responsibility and keep car keys away from
do not wait on the doctors to decide it man up and do it

im surprised shes not in jail well both of you for criminal endangerment

6 Responses to “Can a physician issue "doctor’s orders" to his patient to stop driving? If so, what is the legal effect?”

  1. Actually a doctor can deem that she is unfit to drive and can tell her that it would be in her best interest to stop driving. He can not make her, but you could try to have the doctor fax a letter over to the DOT and see how it works.
    References :

  2. Her license won’t be renewed. You can call the DOT or the DMV and get more info specifically for your state. Ask the DMV what the best course of action would be.

    Also, take her keys and take the battery cable off the post so she can’t start the car.
    References :

  3. Abstract Lagniappe Anomaly Bama on March 19th, 2010 at 12:58 am

    He has some authority, but the real issue is your liability if she continues to drive.

    In some states if a person blacks out, they can have their DL pulled for 6 months. Your wife should not be driving!
    References :

  4. better question is why are you allowing a dangerous person in your car with the kids

    take all car keys from her i guess you can afford a few grand a month in insurance you know you can face neglect and endangerment charges for allowing her behind the wheel

    take some personal responsibility and keep car keys away from
    do not wait on the doctors to decide it man up and do it

    im surprised shes not in jail well both of you for criminal endangerment
    References :

  5. A license absolutely can be revoked upon doctors orders.

    I would keep following up with the doctor to see what you need to do next with regards to following up with the DOT to ensure your wife stays off the road. What happens in Canada is that an letter is issued from our equivalent of the DOT stating that the licenses is suspending pending evaluation.

    I would also suggest getting her into some counselling, she needs to understand that her lifestyle needs to adapt for her sake and the sake of your children.
    References :

  6. With all due respect to your situation, are you really sure that you want to destroy you wife’s legal license to drive forever. MS in many people can go back into remission, at which time they are able to drive, safely. It would seem to me, a person with relatives who have MS, that a primary concern of any MS specialist would be to work toward stabilizing her and giving her hope about leading a near normal life and engaging her in working towards that.

    As for taking away your wife’s car, I sincerely hope that you have provided her with alternate transportation. No one, not your wife, not you, not me, would want to have our only means of transportation taken away and be told to sit nicely in the house . When the kiddies want to go somewhere during the day I hope that you have provided a car and driver for them.

    While you are being a ‘good dad’, please try and understand how horrid this is for the mother of your children. She has been recently told she has a fatal disease, she is seeing her life radically change, now you are taking away her last bit of independence.

    As for your "official prohibition", in PA you need to work with the DOT, specifically the area that issues licenses. Generally, the best they can do is to issue a "suspended" on her license. Now that will not stop her from driving — if someone wants to drive having their license suspened will not prevent it. And this may backfire on you if she does drive. If the police pull her over, she may be arrested (think bail out at jail, impound car) or at least ticketed. If she is involved in another accident you auto insurance may not provide a full / any coverage.
    References :
    Attorney, several relatives with MS who are leading close to normal lives

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