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Unfit drivers must be reported, fatality inquiry finds

A series of institutional failures led to the avoidable death of Megan Wolitski, wrote Judge Karl Wilberg, calling for physicians to be mandated to report unfit drivers, in a fatality inquiry report released publicly last Thursday.
A service for Megan in the wake of her death saw those attending release pink balloons. A judge has called for unfit drivers to be reported by physicians, to prevent such an
A service for Megan in the wake of her death saw those attending release pink balloons. A judge has called for unfit drivers to be reported by physicians, to prevent such an accident from occurring again.

A series of institutional failures led to the avoidable death of Megan Wolitski, wrote Judge Karl Wilberg, calling for physicians to be mandated to report unfit drivers, in a fatality inquiry report released publicly last Thursday.

In a message sent to the Journal, Megan’s father Thomas said the family was happy with the report and glad to have the opportunity to be involved and be heard in the fatality inquiry into his daughter’s death, held in St. Paul last September.

“We hope the government and others work together to act on the recommendations that were made.”

The inquiry was meant to determine if Megan received timely and sufficient care and treatment, and whether doctors should be subject to mandatory reporting of people who are unfit to drive because of medical conditions. Alberta is currently one of only three provinces that does not mandate such reporting.

In a scathing condemnation of the circumstances that led to Megan’s death, the judge noted that Richard Benson had suffered from seizures for 10 years. Benson was suffering from a seizure when he crashed into Racette School on Oct. 25, 2012 at 80 km. an hour, gravely injuring Megan Wolitski, Maddie Guitard and Angelina Luce.

“During these 10 years Mr. Benson’s seizures continued and he had eight documented interactions between physicians or hospitals – yet he continued to drive,” Wilberg wrote, noting Benson’s physicians and his family were aware of the risk he posed, but none acted. “In total, the evidence was distressingly clear that, in spite of all the obvious warning signs, the persons who could take action didn’t.”

He pointed the blame at a “lack of initial reporting from the heath care community,” saying the obvious first measure is to recommend mandatory reporting by physicians of unfit drivers.

However, Wilberg noted there are some complications that had to be addressed to facilitate reporting.

Physicians, including Dr. Albert Harmse, testified at the inquiry that doctors can be reluctant to report patients to the Registrar of Motor Vehicles, because, in part, of fears that reporting may harm the doctor/patient relationship.

Doctors also have “much to do and little time to do it,” noted the judge, noting that backup measures are needed as well to identify unfit drivers. He pointed to pharmacists and the Netcare system, which can allow health care workers in different locations access to a client’s medical file. This system could also be used to flag drivers that are unfit, but there has been “intense bureaucratic opposition” to such a move, according to testimony heard, reported the judge.

“This resistance is irrational and dangerous,” stated the report, adding there is no right to privacy of information that would make a driver unfit to drive. “I repeat: none.”

Other measures he called for to create support for doctors included: education for physicians and the public; tools to assess cognitive impairment; driver assessment centres and road testing facilities; support for people who are delicensed; and an appeal process.

The judge also noted there must be clear criteria for when doctors have to report, clarity on which diagnoses will trigger a report, and legal and privacy protection for health care workers who report.

Physicians should have a simple online form available to use, and they should be compensated for performing the assessment and report, he stated, adding that physicians and other professionals who have a duty to report may also be subject to professional bodies for failing to report.

On the other question of whether Megan received timely, sufficient, and adequate care, Wilberg wrote in glowing terms about the actions of first responders and health care workers, and that little, except for better communication, could have been improved upon.

“In fact, the evidence is clear that the entire system – first response, healthcare centre, medi-vac and Stollery Children’s Hospital – performed admirably and with great skill and courage.”

Megan’s mother Sherry had spoken during the inquiry to the fact communication was lacking in the aftermath of the accident. Wilberg said parents must be advised of children patients’ status, and encouraged to be present; however, he said the evidence was that St. Therese had followed up to address this issue.

He wrote that Megan’s injuries, according to doctor testimony, were so severe that no other course of action would have saved her, even if she had been transported via STARS rather than fixed wing transport.

Following her death, the hardships on her family, as well as the families of Maddie Guitard and Angelina Luce continue, he wrote. Maddie survived in a vegetative state until 2016, when she passed away, while Angelina suffered a brain injury that will likely affect her speech and vision for the rest of her life, he noted.

“The torments sustained by the families of these victims are unimaginable.”

It is impossible to tell how much the status quo situation in Alberta has cost, because the Registrar cannot link accidents to medical conditions, he stated.

“However, the heart-rending cost paid on October 25, 2012 by several innocent children in St. Paul is cause enough to implement changes that will create a series of defences against future tragedies.”

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