Doctor's Advice not to Drive

Doctor's Advice not to Drive

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SOL111

Original Poster:

627 posts

146 months

Friday 26th July 2013
quotequote all
Hi all

Can anyone help with a query please.

My mother-in-law has recently had laser eye surgery (nothing major) and has been advised not to drive.

If this were me I would do exactly what the Dr said and not drive until given the green light. However this is the mother-in-law we're talking about so a law unto herself.

I hope this isn't a stupid question but is a Dr's advice something that will invalidate her insurance?

Is there any difference between 'shouldn't' drive and 'mustn't drive? In my mind there is but car insurance may be different.

Any advice appreciated. Thanks

carinaman

22,982 posts

186 months

Friday 26th July 2013
quotequote all
It's probably a good idea to get her to take the eye patch off before she gets in the car.

Chrisgr31

14,020 posts

269 months

Friday 26th July 2013
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I think she will be in a very difficult position should she drive and have an accident. If the insurance company find out she was told she shouldnt drive then they will probably seek to discover whether the accident was due to her eyesight etc.

The good news though is that for laser eye surgery the recovery period is very quick. I wouldnt have wanted to drive for a couple of days after mine but then once the scars heal you are fine.

SOL111

Original Poster:

627 posts

146 months

Friday 26th July 2013
quotequote all
carinaman said:
It's probably a good idea to get her to take the eye patch off before she gets in the car.
laugh

Don't you mean both patches wink

Rushjob

2,134 posts

272 months

Friday 26th July 2013
quotequote all
I doubt that the semantics over should not / must not would count for much in her defence if she ended up in court.

In simple terms, the doc has told her that in his opinion she is not yet fit to drive.

She should wait until he says she is.

carinaman

22,982 posts

186 months

Friday 26th July 2013
quotequote all
Alternatively she could just wear some big Bono style sunnies to cover the eye patches.

Fozziebear

1,840 posts

154 months

Friday 26th July 2013
quotequote all
Had a similar situation with FIL, had heart attack and was advised by doctor to not drive for at least 6 months. 3 days after coming out of hospital he rocks up at ours for a coffee! I had a little chat and agreed to do his driving, kept his car to make sure, worst 6 months taxi job ever! Once he got the all clear he got the car back smile maybe a sensible chat from daughter? Explain how she could be putting others at risk?

KaraK

13,340 posts

223 months

Friday 26th July 2013
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When I broke my collarbone a few years back there reached a point where I was out of the sling etc but my consultant said he'd rather wait until after my next appointment (which wasn't for another 4 weeks) before I drove. I checked with the police and they said that as I had been advised by a doctor not to drive that I would almost certainly be invalidating my insurance if I were to do so. They didn't quote any legislation at me or anything but it was made fairly clear that it would NOT be a good idea!

Stoofa

959 posts

182 months

Friday 26th July 2013
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I was under the impression (and we all know how dangerous impressions can be) that with doctors it can either be:
We advise that you do not drive for xxxx amount of time.
or
You must NOT drive for xxxx amount of time.

The latter being something that you've really not got much choice in.

I had a kidney transplant 20 months ago and after the transplant I was advised not to drive for 2 months. After about a month I was fed-up of waiting for hospital transport so started taking myself to the hospital.
Speaking with the doctor he told me that it was just advice and if driving was a potential danger to myself or others then it would have been a demand rather than some advice.

But I'm sure somebody must know the actual legal implications of all this.

carinaman

22,982 posts

186 months

Friday 26th July 2013
quotequote all
It's not nice to be told you can't drive for medical conditions especially if it's for someone with something they're unlikely to come back from.

Convince your MiL that it's just a slight inconvenience for a few weeks and thakfully not due to something like a brain tumour and how would she feel if the benefit of having her eyesight corrected was tainted by killing or injuring some other innocent in an accident that may arise because she's vision impaired for a while?

It's a bit selfish. It's like people using handheld phones and texting while driving.

She could be in an accident through no fault of her own and then it comes out that she shouldn't have been driving as she was recovering from eye surgery and something that should have been simple and clear cut suddenly gets a whole lot more complicated. It's not worth the risk is it?

Imagine the slating she'd get in the local press even if the above hypothetical scenario did happen and she was involved in an accident that wasn't her fault.

She's risking a driving ban?

Aretnap

1,843 posts

165 months

Friday 26th July 2013
quotequote all
How it affects her insurance would depend on the terms of her policy. FWIW mine says nothing at all about doctor's advice. It does say that I have to inform my insurers if I have a medical conditions which must be notified to the DVLA. But that doesn't include most short term conditions - generally you only have to tell the DVLA about conditions which are expected to last longer than 3 months. They really don't want you ringing up every time you have a touch of flu and feel too woozy to drive after all...

Her insurance can't be entirely invalidated regardless - the Road Traffic Act prevents insurers from making the minimum required cover conditional on the driver's medical condition. That's not as reassuring as it sounds though as while it means you can't commit the criminal offence of driving without insurance because of a medical condition and your insurer would have to pay out to a third party regardless of the wording on your policy, they could subsequently still come after you for the money they paid out if you'd breached the terms and conditions and they'd had to pay out solely because of the RTA.

The fact that she's not driving without insurance doesn't mean that she can't be committing other offences by driving though. Driving with uncorrected defective eyesight would be the obvious one, or even dangerous driving if her eyesight is very bad or if there's a risk of it deteriorating suddenly... and if she's been warned by a doctor not to drive she could hardly claim that the danger wasn't obvious.

Camaro

1,427 posts

189 months

Friday 26th July 2013
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Is she wearing anything like a patch? It's amazing how losing sight in one eye can hinder your ability to judge distances. That's what I'd say would be the concern, but only if she's wearing a patch.

SOL111

Original Poster:

627 posts

146 months

Friday 26th July 2013
quotequote all
Thanks all.

She's not wearing a patch as I don't think it was major surgery. It was the release pressure from both eyes to avoid future problems. From a quick google it seems that 80-90% is gained in a 48 hours but can take 6 months to fully recover. Another website says that you shouldn't drive up to 14 days after surgery, depending on the type carried out.

I think as a precaution I will advise on 14 days, unless her optometrist (sp?) says otherwise. I just thought 2 days after surgery was a bit questionable but then the MIL is a bit stubborn.

carinaman

22,982 posts

186 months

Friday 26th July 2013
quotequote all
'Who do you think you are Stirling Moss Maria De Villota?' wink

voyds9

8,490 posts

297 months

Friday 26th July 2013
quotequote all
SOL111 said:
I think as a precaution I will advise on 14 days, unless her optometrist (sp?) says otherwise. I just thought 2 days after surgery was a bit questionable but then the MIL is a bit stubborn.
Why stick this problem to the optometrist when a more qualified person has already advised her.

She should seek clarification through the ophthalmologist.

If she has had laser trebeculectomy then the advice varies on a number of factors.

shouldbworking

4,784 posts

226 months

Friday 26th July 2013
quotequote all
A doctor once advised me that I could drink whilst on the medication he prescribed, but he wouldn't recommend it.

As I crawled home after my 2 drinks that evening leaving a trail of vomit behind me I reflected he probably could have been clearer.

I would err on the side of caution!

anonymous-user

68 months

Friday 26th July 2013
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Doctors can only ever advise. They have no compulsory powers (outside the context of mental health legislation). An insurance stipulation that the insured must not drive while unfit to do so is a matter of contract between insurer and insured.

anonymous-user

68 months

Friday 26th July 2013
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PS: the DVLA can suspend a licence. A doctor can't.

Dwight VanDriver

6,583 posts

258 months

Friday 26th July 2013
quotequote all
There is a requirement to notify DVLA of anything that put you or others at danger in relation to medical condition.

This obviously includes eyesight.

DVLA have a standard requirement for eyesight, so

Go to a good optician, have an eyesight test geared to DVLA requirements. If he is prepared to certify OK all the better.

New proceedure has come in recently (7.2.13) whereby if Plod feels the safety of others road users will be put at risk if the driver remains on the road he can request an ugent revocation through DVLA. If DVLA agree they reply imediately with E Mail revocation authority.

dvd

anonymous-user

68 months

Friday 26th July 2013
quotequote all
The problem is that the duty to notify DVLA lies on the licence holder, and lots of people don't notify of medical defects.

The estimates of the number of drivers who have uncorrected defective vision below DVLA minima are so scary that I take my specs off so I can't see them.