Steering Clear of Legal Risks in DOT Physical Exams for Physicians
Physicians conducting physical exams for drivers of commercial motor vehicles (CMV) must understand the heightened legal risks they face. Due to Department of Transportation (DOT) regulations, medical professionals performing DOT exams are subject to distinct legal liabilities. While claims against DOT medical examiners are uncommon, it’s important to be aware of these risks and take steps to prevent potential legal issues.
The easiest way to avoid legal issues is by conducting a thorough medical exam that aligns with FMCSA regulations and guidelines. Using DOT exam software like Simple Physical can make this process more straightforward. By adhering to best medical practices for every exam, you greatly reduce the likelihood of encountering problems. However, it’s important to be aware of and prepare for a few potential legal scenarios.
Lawsuits for Injuries Caused to Third Parties
A common scenario where a medical examiner might face a lawsuit is when a commercial driver causes injury or death to a third party, and it is revealed that the driver was medically unfit. In these cases, plaintiffs argue that the examining provider had a duty to conduct the required exams with appropriate competence and skill, and that this duty was not fulfilled.
Each state and jurisdiction has its own specific rules, but previous cases offer insight into how a DOT medical examiner could be held liable. For example, in the case Wharton Transportation Co. v. Bridges in Tennessee, the commercial driver’s employer, Wharton Transportation, filed a lawsuit against Dr. Bridges, the examining physician. The driver, Lawson, applied for a commercial driving position with Wharton and was sent by the company to Dr. Bridges for a DOT physical examination. Dr. Bridges subsequently cleared Lawson for duty.
Soon after, Lawson, while driving a Wharton vehicle, veered off the highway and collided with a station wagon parked on the roadside. The crash resulted in the death of a child and serious injuries to the other three passengers. During settlement negotiations, Wharton discovered that Lawson’s vision was severely impaired. Prior to his examination by Dr. Bridges, other doctors had determined that Lawson was physically unfit to drive. These physicians found that Lawson had 95% vision loss in one eye, blurred vision in the other, chronic back pain, knee and ankle issues, and persistent fatigue and pain.
Lawson should never have been driving in the first place, and Dr. Bridges admitted that he would have identified these disqualifying medical conditions if he had conducted a reasonably competent examination. It was concluded that Dr. Bridges had a duty to ensure public safety during the exam, and by failing to perform a thorough assessment, he was found partially responsible for the accident and its resulting damages.
Although this is an extreme case, it illustrates that medical examiners who make errors or fail to conduct a thorough examination can face legal liability. To minimize this risk, examiners should strictly adhere to FMCSA examination protocols. Additionally, maintaining detailed notes and a comprehensive record will help demonstrate an examiner’s competence in the event of a lawsuit.
Providing Testimony in Disability Discrimination Lawsuits
Although it is unlikely that a DOT medical examiner would be directly sued in a disability discrimination case, they may be called as a witness, which could negatively affect their professional reputation and record. In such cases, the results of their medical exam could become a central part of the legal proceedings and come under close scrutiny.
In one notable case, EEOC v. Texas Bus Lines, a DOT examiner disqualified an applicant due to “morbid obesity.” Based on the examiner’s report, the company chose not to hire the driver, leading the driver to sue Texas Bus Lines for disability discrimination. Although the medical examiner was not a defendant, his testimony was required. The court pointed out that obesity is not covered by DOT regulations and criticized the physician for relying on subjective judgment rather than following proper DOT protocol.
The court ordered the company to have the driver re-examined by a different physician. While no legal penalties were imposed on the examiner, the incident damaged the doctor’s reputation, potentially leading to negative publicity and a loss of clients. Companies may be reluctant to send their drivers to an examiner who has been criticized by the court.
As always, the best way to avoid legal issues is to strictly adhere to DOT physical exam protocols and guidelines. When examiners follow the regulations and make decisions based on DOT standards and best practices, they can avoid concerns about legal consequences.
Safeguarding Yourself Against Legal Claims
Certified DOT medical examiners face increased legal liability when conducting exams for commercial drivers. However, you can significantly reduce your risk by strictly adhering to DOT protocols and regulations for every exam. Keeping thorough and accurate medical records will demonstrate your competence and compliance in case you become involved in a lawsuit. One of the simplest and safest ways to do this is by using DOT exam software like Simple Physical, which helps guide examiners through the process, offering prompts and alerts to ensure a thorough and accurate certification.
Since DOT regulations can change frequently, it’s essential to stay current with your National Registry certification and participate in required continuing education courses. Additionally, it’s wise to review your malpractice insurance coverage with your agent before performing DOT medical exams.
By taking the right precautions to minimize legal liability and conducting exams with best practices, you can confidently handle DOT medical exams. This service is vital to our communities and can also be a valuable addition to your medical practice.