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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118061
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter has been a Diabetic since the age of 8. She is

Customer Question

My daughter has been a Diabetic since the age of 8. She is now 25. She was recently placed on a insulin monitor. She works at a hospital here in San Antonio, Texas. She tried to tell the Dr. that she was having problems with the monitor and the monitors tubing would kink as she pulled and moved patients. One morning the hospital called a unscheduled meeting for training for a new machine for taking vitals and the meeting was mandatory. She missed her appointment rescheduled and did not get off work in time so she had to reschedule again. Well shortly there after she had a small fender bender, and it really was barely a wreck, but what happened is she was charging her monitor, so she left the house to run an errand. She bought some food because she knew her blood sugar was dropping, she was trying to pull over when she pulled over too fast and clipped the back of a older Chevy truck, she has a 2014 Focus. This was her first wreck, she panicked, and when the police were called the officer did not recognize she was having a low blood sugar, he called the EMS, but after the time it took to get there she was 34. They gave her some D50 by Iv, but preferred she eat the food she had next to her. She is still working with this monitor but we are changing Dr.s, but the officer at the accident turned her in as medically inapt to drive, and DPS revoked her license. No one even spoke to her, the last Dr. stated she was not compliant, but Kayla did not want to jeopardize her job, by missing the meetings, and lose her job. It is just her and I and I work for the Bexar County Sheriffs Office so you should know my income is not exorbitant, we cannot afford a lawyer to go to the appeal we filed. What should we take to the Hearing to plea her case. My daughter cant ride the bus over 30 miles to be at work by 6:30 am, I have to be at work by 6:30 also, please advise me. My daughter just feels like giving up. Sharon Nevil
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First of all, your daughter is entitled to reasonable accommodations from her employer under the ADA for her condition. She needs to write a formal written request to the employer for such accommodation, which includes time to go to her doctor, not having to push patients if it is kinking the monitor tubing and also having time to take extra breaks or have food at work to control her blood sugar. The written request needs to be supported by a letter from the doctor describing her condition, the severity and what accommodations she would need that could help her perform her duties. IF the employer denies her accommodation, including insisting she go to a meeting when she has to go to the doctor for monitoring or has to push patients alone when it causes the tubing to kink, then she has grounds to file a complaint with the EEOC who has to investigate and give her a right to sue.

As far as the accident, most officers do not recognize the difference between intoxication and a diabetic event, but when the officer saw the pump he should have done so, but if the officer realized that this accident may have been caused by her condition he had a duty to report it to DMV. She will now have to work with her doctor to get that condition under control and the doctor will have to certify to the DMV she can once again safely operate a car before they will reinstate her license. So you would need to have her doctor come to the hearing and testify that she is sufficiently under condition now to safely operate her car, at least back and forth to work. Her doctor is going to have to at the least write a report that describes her condition and why she is now safe to drive to present to the hearing officer and the report should be notarized.

Customer: replied 1 year ago.
That is what got her in trouble she left her monitor at home to charge, and the current Dr. just started to yell at her when she spoke to the Doctor about the accident. So if we change Doctors and have documentation that she is in control, would the Judge void the Revocation? Hopefully?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It is possible you can get a new doctor to examine her regarding being able to drive to get her license reinstated, yes. That is the only hope she has I am afraid if her doctor will not testify that she can properly maintain her levels and safely drive.