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Data protection declaration | Legal notices

Physicians have a duty of information and documentation

05 Mar 2025
Following an outpatient operation under anesthesia or a medical procedure with local anesthesia, patients generally want to be mobile again as soon as possible. When they can get behind the wheel again depends very much on the type of anesthesia and procedure. Irrespective of the type of procedure, it should be borne in mind that, if anesthesia is used, the substance can remain in the patient’s body for some time afterward. This may impair their perception and reactions to a greater or lesser extent. During this time, drivers are unable to participate safely in road traffic.
Dr. Thomas Wagner, Head of Driver Aptitude Assessment at DEKRA, describes what to be aware of in such cases:
  • Before an operation, patients should ask their physician about the effects of the anesthesia on their ability to drive and how long they will have to wait before getting behind the wheel again. It should also be noted that everyone reacts differently to medication so the length of time before someone can drive again is equally different.
  • Patients should ask a relative to drive them after an operation or procedure, or they should take a cab. If using public transport, patients should be accompanied. It should be borne in mind that a person’s driving ability can also be affected by a colonoscopy, MRT, or advanced eye examination.
  • It is important to remember that anyone who gets behind the wheel must ensure that they are fully able to control their vehicle. The law does not consider a breach of this duty to be a trivial offense but classifies it as a criminal offense in the same way as driving under the influence of alcohol or drugs. According to paragraph 315c of Germany’s Criminal Code, offenses are punishable by fines or imprisonment of up to five years.
  • In the event of an accident, it is also likely that the insurer will refuse to settle the claim in full or will require the driver to pay some of the costs.
Physicians also have a comprehensive duty of information and documentation concerning their patients’ ability to drive. If a patient who is incapable of driving causes a traffic accident, their physician may also be held liable if they did not adequately assess their patient’s psychophysical capabilities, provide adequate information, or document the procedure appropriately. Patients should take any instructions they receive from their physician seriously and follow them carefully.
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