Ask a Lawyer and Get Answers to Your Legal Questions
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!
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.
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.
This falls under civil law/tort law. Possibly even contract law if you had a verbal agreement and he breached it.
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.
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.