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How to Resolve Dr. Misdiagnosis / DMV Suspension

San Francisco, CA |

My husband passed out last year and ended up in the emergency room due to the suggestion of the advice nurse. The hospital is a mandatory reporter so the DMV was alerted. After a battery of tests my husband wasn't diagnosed with anything, but a fainting spell. The Dr. cleared him to drive and he was back on the road. Here we are a year later and the DMV has suspended his license because they want him reevaluated. The Dr. filled out the paperwork and sent to DMV with a copy to my husband. On the notice the Dr. indicates hat my husband had a grand mal seizure and needs to be evaluated annually. Huh? Where did this diagnosis come from? This wasn't on the original form sent to DMV last year! How do we go about getting something like this resolved?

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Attorney answers 1


This response is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes and is not a legal consultation. You must talk with an attorney of your choice before making any decision about your actual legal rights.

If the conflicting diagnosis is coming from the same doctor you must contact that doctor and have him clarify the basis of his later diagnosis. It sounds like it could be an office error where the wrong codes were used. For example, the biller used grand mall instead of fainting when updating/documenting your husbands record . If the doctor acknowledges some sort of office error he will have to prepare a declaration stating such and submit a revised diagnosis, the first one, to the DMV again. Otherwise, you will have to have your husband examined by another doctor which will complicate, delay and extend the process when that doctor disagrees with grand mall diagnosis. I hope this is an office error committed by the first doctor.

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