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Can i sue anyone, i.e. (doctor, hospital) for identity mix up for it affecting my DMV record and it preventing me from work?

San Jose, CA |

DMV is preventing me from acquiring my Driver's License according to a report sent in from the hospital stating that i had seizures. they said i needed a clear from a doctor to get my DL, but i have never been to a hospital for seizures. i went to the hospital, got medical records and found that someone used my name, rode in an ambulance and had heavy cocaine use thus having seizures which is now on my medical records. the hospital has no SS number on file, no birthday, no ID on the person using my name but its now on my record. the doctor avoids talking to me in person and is difficult to reach, can i sue anyone for allowing that on my record without ID and no information about me at all other than my name? it has restrained me from working, needing a DL to operate heavy machinery.

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Attorney answers 3


California's DMV is much more efficient and effective in its delivery of services than it used to be, but even so there remain problems caused by the sheer numbers of Californians and the scope of DMV's responsibilities and powers.

I've pondered your situation here and I don't think you problem is with the hospital or the med records or even the person who the med records are attached to. Your problem is with DMV and that is where the solution will be found and compelled.

Here's what you have told us: DMV has a set of records for someone with your name. That is the sole connection of those records to you, as I understand the statements in your post. That set of records AND the name on those records are not connected to you by birthdate, social sec number, address, CDL number, or any other identifying feature. You might check with the hospital for a finger-print, photo or signature taken at the time of the alleged admission for seizures. All of those can be professionally and scientifically analyzed by experts if it comes to that.

There are hardly ANY names in this State that aren't "occupied" by more than one person. It's not that "your" med records are wrong -- it's that these records are not yours. They are about another person with your same name -- and very likely that means they are about one of any number of other persons with the same name.

In the absence of some identifying element that ties these records in this name to you individually, DMV cannot maintain a position of denying your license based solely on these records. This is not the first time that CA's DMV has dealt with persons with the same name. There is a bank of prior experience to draw on here.

If there are more facts than what you posted, none of this may be correct. I call them as I see them, but I don't call what I don't see.

So, how do you proceed? You can hire an attorney to bring a Petition for Writ of Mandate under CCP section 1085. That will cost several thousand dollars, but you may recoup some of your attorney fees at the end and a 1085 action may be a sound and conclusive method of resolution here. It is even possible that just filing the petition will cause appropriate a DMV correction of the agency's course.

But, first, try using an attorney to intervene with increasingly upper levels of DMV administration. Attorneys are often skilled at piercing the barrier of low-level staff and can often reach managers, administrators, policy-makers and attorneys. This situation can be fixed, but it will take some persistence.

I doubt that you can collect any damages for what has occurred here. State officers and entities and agencies are mostly immune by law from liability for non-purposeful errors and omissions.

Good luck.

Mike Claessens, License Advocates Law Group

Nicholas Basil Spirtos

Nicholas Basil Spirtos


Great and detailed answer.

Michael Lee Claessens

Michael Lee Claessens


Nice to hear -- many thanks for the feedback.


Attorney Claessens is spot on... Bring the issue to light and it will eventually get taken care of. Good luck.

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply


I agree with my colleagues but something is very very wrong with the Hospital!
Lets face it here. , No HOSPITAL will accept you to be examined for anything without your info except if you were unconscious when they brought to to an emergency room.
People they suffer from seizures most of the times take some medications and they give info to MD that examines them. Also many times they draw blood from the patient that keep records about the results of the examination AND finally they BILL the person for their services! How that person paid?
With insurance? Cash? You really need a California Lawyer that is a fraud Examiner that can "pierce" that veil that covers with silence the Hospital records that they never provided since HIPPA issues can be present.Some of Us in avvo are fraud Examiners and California lawyers and we can help you with your problem.

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