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The Impact Of A Medical History In An MVA

12/18/2014

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The Texas Department of Transportation reported over 232,000 motor vehicle accidents in 2013 that resulted in injury. In fact, there were more than 89,000 individuals reported having been seriously injured and almost 3,400 fatalities. Obviously, assessment of injuries that develop as a result of any automobile accident is necessary in a legal investigation. However, sometimes it’s worth investigating the defendant driver’s medical history, including the use of any medications. 

I’m not talking about the truck driver who may have turned to amphetamines to stay awake when making long hauls from one location to another. Obviously, there are legal ramifications to this behavior, but drivers under the influence of legally prescribed  or over-the-counter medications also need to be evaluated. 

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Certain medications like anti-anxiety drugs and “pain killers” have warnings against driving due to the sedating effects that may result. Many antipsychotic drugs also have this precaution. With cold and flu season upon us, consider all the different over-the-counter medications being consumed to fight those unwanted symptoms. Many of these products also warn about drowsiness on their labels. Every drug works in a different way and each drug works uniquely in different individuals. This results in different margins of safety. How can this impact your case?

First, a medication history must be thoroughly assessed, to include any over-the-counter drugs. The dosages and schedule of administration should also be reviewed. Higher doses can cause more severe symptoms. Immediate side effects are usually different than results seen 8 hours later, although it depends on the medication’s half-life. Immediate effects of sedating drugs include a decreased alertness, poor coordination and sometimes impaired judgment. Any one of these characteristics could be disastrous behind the wheel of a moving vehicle.

Other assessments include finding out when the medication in question was prescribed? Did the individual just begin taking the drug or have they been using it for a number of years? Are they following the prescriber’s instructions for administration? Has the individual consumed any other products that can affect the medication? Side effects may be magnified when people take alcohol. Also, keep in mind, older individuals tend to be more sensitive and develop more severe side effects. They may also experience dizziness or disorientation. 
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Medical histories warrant the same scrutiny. For example, if the defendant driver has been diagnosed with epilepsy, what type of treatment are they undergoing? Is their seizure activity increasing or decreasing? Did you know that many anti-seizure medications could be evaluated in an individual’s blood work to monitor if dosages are within a therapeutic range, thereby keeping seizure activity under control? Some medications do not provide a therapeutic effect immediately; it may take an extended period of time to develop high enough blood levels to be effective. Have there been any changes in the treatment plan (either a different drug, different dose or different schedule regimen)? What about the diabetic individual who becomes hyperglycemic? They can develop blurred vision, tiredness and develop difficulty with thinking or concentrating. Did they forget to take their insulin? Have there been any changes in their treatment plan as well?

There are so many ways a medical record can impact your case. Let a certified legal nurse consultant at 
Aguirre Legal Nurse Consulting review the medical records in your next automobile case. Call (443) 598-2562 or email us at AguirreLegalNurseConsulting@gmail.com

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