Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
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Sunday, February 22, 2015

How to file a Medical Emergency Report (Police) when elderly at fault for an accident

Police and physicians 

Did you know that motor vehicle crashes are the number one cause of injury-related deaths in people aged 65-74? Did you know that many seniors and others with special medical conditions are unable or unwilling to decide for themselves whether it is safe for them to drive? Or that their families are often afraid to take away the keys? It's true, and that's why police and physicians often play a leading role in protecting these individuals from the perils of unsafe driving. The following information is intended to help you in this ambitious goal. 
Physicians 
By regularly assessing their patients' fitness to drive, medical professionals can better identify drivers at increased risk for crashes, help them enhance their driving safety, and ease the transition to driving retirement if and when it becomes necessary. 

Physician reports due within 24 hours
New Jersey law (N.J.S.A. 39:3-10.4) requires physicians to report patients to the Motor Vehicle Commission within 24 hours after determining that the patient experiences:
  • recurrent convulsive seizures
  • recurrent periods of unconsciousness or impairment; or
  • loss of motor coordination due to conditions such as, but not limited to, epilepsy in any of its forms, which persist or recur despite medical treatment
How to file a Medical Emergency Report (Physicians)
The Medical Review Unit greatly appreciates the support of the New Jersey medical community in this effort and tries to simplify the process for you:
  • If you believe that one of your patient's is no longer fit to driver, please fill out MVC's Form MR-4: Medical Emergency Report [612k pdf]. If you are unable to download the form or have any questions about its contents, please call (609) 292-7500 ext. 5032 
  • You may also receive the "Medical Emergency Report" from individuals who have been reported to the MVC by law enforcement or family members, and have been sent the forms in the mail. Please note that this form must be returned within 45 days in order to avoid license suspension 
  • Completed forms may be returned via fax: (609) 292-7504, orUS mail to: Medical Fitness Review Unit, P.O Box 173, Trenton, NJ 08666-0173 
  • The American Medical Association provides helpful information in its Physicians Guide to Assessing and Counseling Older Drivers
  • The physician’s findings in the "Medical Emergency Report" determine the next steps in the medical review process, which may range from indefinite license suspension to a restricted license, to no action required. Many times, additional information or tests are required 
  • In instances where a seizure disorder, syncope condition or recurrent loss of motor coordination has been identified, a 15-day direct order may be issued according to NJAC 13:19-5.2 
  • Approximately 55% of cases are referred to doctors on MVC's Medical Advisory Panel. These doctors review information and test results provided by the driver’s personal physician—the Medical Advisory Panel does not perform examinations or communicate directly with drivers. This process takes approximately 3-4 weeks 

Police
 Few people are more qualified to make a judgment about a person's fitness to drive than a police officer. Every day, officers encounter drivers that are medically impaired during standard traffic stops and at the scene of accidents. At times, police officers may also be approached by individuals who are concerned about the driving skills of a family member. MVC greatly appreciates the support of police officers in this effort.

How to file a Medical Emergency Report (Police) when elderly at fault for an accident

from http://www.state.nj.us/mvc/Licenses/medical_physicians.htm
Here is an explanation of how MVC's medical review process works when a police officer is involved: 
  • If a police officer believes that an individual may not be medically fit to drive, they should fill out MVC's Form MR-5: Driver Examination/Medical Evaluation Request [609k pdf]. If you are unable to download the form from this website, or if you have any questions about the medical review process, please contact us at (609) 292-7500 ext. 5032 
  • Completed forms may be returned via fax: (609) 292-7504, orUS mail to: Medical Fitness Review Unit, P.O Box 173, Trenton, NJ 08666-0173 
  • MVC appreciates the professional insight of police officers in reporting their concerns about driving behavior. The drivers you report will be required to undergo a thorough medical review to determine their fitness to drive. This may result in a re-examination of their driving abilities 
  • If a police officer wishes to receive updates on the status of a driver who they reported to MVC, please call (609) 292-7500 ext. 5032. Unfortunately, a medical review can often be a long, drawn-out process. MVC appreciates your commitment to these cases and will make every effort to keep you updated 
  • Approximately 55% of cases are referred to doctors on MVC's Medical Advisory Panel. These doctors review information and test results provided by the driver’s personal physician­. The Medical Advisory Panel itself does not perform examinations or communicate directly with drivers. This process takes approximately 3-4 weeks 
  • In instances where a seizure disorder, syncope condition or recurrent loss of motor coordination has been identified, a 15-day direct order may be issued according to NJAC 13:19-5.2