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Stacy Adkins
Stacy Adkins, Lawyer
Category: Legal
Satisfied Customers: 158
Experience:  Law Clerk for 7 years
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I am not sure what legal area my issue falls under - January

Customer Question

My name is***** - I am not sure what legal area my issue falls under - January my daughter had her drivers licence suspended for medical reasons - March the doctor cleared her to driver again in which case he has to fill a form out and send into the dmv to clear her - he has not done that - we have called and been to the office many times to ask this be done but no response - the dmv will not renew her licence until they have this signed form. In the meantime she cant drive or fly (cant work or go to school ) her life is shut down until this is done . This issue has caused great inconvenice and shut her life down.
What legal action can we take to make him turn this form in - we can see no reason for not complying with the dmv other then lack of professionalism and carry through - very disaray office.
thank you Debi Jones
Submitted: 10 months ago.
Category: Legal
Expert:  Stacy Adkins replied 10 months ago.

Hi Debi, I'm sorry to hear about your problem. Have you considered finding a new physician who can review your daughter's medical records and do an exam who can complete the necessary form? It sounds as if you've exhausted nearly all of your remedies with this particular doctor. If that's not an option for you, your only legal remedy is to file for an injunction with the court. An injunction can be issued by a court to compel the doctor's office to issue the form, assuming your daughter is medically cleared as you indicated. This is a sample form in which you can replace your information and facts to fit the complaint.

I hope this answers your question. If you've found my information helpful, please leave a positive rating so I can get credit for assisting you. You can still ask followup questions after rating me. Good luck!

Customer: replied 10 months ago.
I have the notes of the doctors visit in July which says she is cleared but the dmv only accepts their form signed by the doctor who revolked it - will this injunction cost me? and if my daughter has to sign it she is in Colorado and can not fly back here to California or drive - so you see how complicated this is - do I have any grounds to file a law suit on him maybe he would realize how devistating this issue is. She cant go to work so has no money for legal fees - any other options?
thanks Ms jones
Customer: replied 10 months ago.
do i wait till we are done or rate you after each question?
Customer: replied 10 months ago.
stacy - are you still there?
Customer: replied 10 months ago.
what kind of legal practice does this issue fall under?
Customer: replied 10 months ago.
okay guess you are gone - cant really give a good rating if you dont answer
Expert:  Stacy Adkins replied 10 months ago.

I apologize. I had to step away from the computer for a bit. As for the injunction, there is typically a filing fee which varies from court to court. You call call your court clerk's office to inquire about fees. Depending on your income, you may be eligible to file it for free or at a reduced rate.

Expert:  Stacy Adkins replied 10 months ago.

You could try to file for damages against the doctor under tort law, perhaps intentional infliction of emotional distress, or similar. But you'd really need to sit down with an attorney locally to fully discuss your options. Many times, they will offer a free consultation and take cases on a conditional basis only charging a fee if you recover a judgment.

Expert:  Stacy Adkins replied 10 months ago.

This falls under civil law/tort law. Possibly even contract law if you had a verbal agreement and he breached it.

Expert:  Stacy Adkins replied 10 months ago.

Is it not possible to send her medical records to a new doctor to let them sign the form and avoid the legal process? It can be quite lengthy and costly. I understand you are frustrated by his inaction. But if your immediate goal is to get your daughter to be able to drive/fly, that may be the easiest method. Then if you want to proceed against the original doctor for failing to complete the form, you could.

Expert:  Stacy Adkins replied 10 months ago.

I will be stepping away from the computer for the rest of the day. If you have followup questions, I'll assist you late tonight or in the morning. If that covered all of your questions, you can leave a rating. I truly hope you're able to get the form signed and get your daughter back to living her life. I can't imagine how difficult this has been for her. And for you.