AN Ipswich doctor certified that a patient with a history of epilepsy was fit to drive just weeks before the man struck and killed a pedestrian while having a seizure.
Dr Steven Hamish Andrew has been reprimanded for professional misconduct, fined $10,000 and had conditions imposed on his registration.
Queensland Civil and Administrative Tribunal deputy president Judge Alexander Horneman-Wren found evidence that the fatal accident was caused by the driver suffering an epileptic seizure.
Dr Andrew had gone against specialist advice in issuing an unqualified medical certificate of fitness to drive in 2006, for five years, and renewing it in 2009, the tribunal said.
The patient had a history of post-traumatic epilepsy from 1979, resulting from head injuries.
In May 2005, the patient, who had been driving, consulted Dr Andrew, telling him he had been involved in a motor vehicle accident nine days earlier.
Two months later he told him he had been involved in another driving accident and although hospital staff thought he had had a seizure, he did not think so.
Queensland Transport required medical certification that he was fit to drive or his licence would be revoked.
In July 2005 Dr Andrew issued a certificate that the patient had a medical condition but was medically fit to drive, subject to authorisation by neurologists.
A neurologist reported that after the patient was observed having two fits, he must not drive and it was illegal for him to do so until two years after his last seizure.
Dr Andrew referred the patient to a second specialist who said he did not think he was fit to drive, or was likely to be so in the future, and twice refused to authorise a medical certificate.
Dr Andrew could not explain to the tribunal why he then certified the patient to drive in 2006.
About a year later Dr Andrew told Centrelink the patient had potential for seizures that could compromise his and other workers’ health or endanger himself or others.
On November 2, 2009, Dr Andrew provided another certificate that allowed the patient to continue to drive. On November 29 that year the patient was driving a vehicle that struck and killed a pedestrian.
Dr Andrew conceded he should not have issued the certificates given the patient’s medical history and the advice from the second neurologist.
The tribunal said the fact that the patient was demanding and persistent did not explain the doctor’s conduct.
Dr Andrew has been prohibited from issuing fitness to drive motor vehicle certificates and he must undertake a course on managing difficult patients.