Legal Question in Medical Malpractice in California

Professional misconduct - in ER

I was admitted into the ER about 4

years ago for blacking out. while i

was there a nurse called the dmv and

had my license revoked. I have been

unable to drive since then. I recently

was looking into how and why they

could do this... None of the reasons

listed were applicable to me. The

nurse was under the impression that

I had a seizure, she made the call

without knowing what exactly was

wrong and before the neurologist

even examined me. I was never

diagnosed with epilepsy or anything

else that has seizure's as a result. I

have also read about how to

reinstate my license, and it says I

must prove that i have not had a

seizure in 2 years... there is

absolutely no proof that I have never

had one. If anything was done out of

line with the legal means for taking

away someone's license. i would like

to sue for false clams and

professional misconduct, along with

the reinstatement of my license

asap.


Asked on 1/14/08, 1:09 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Professional misconduct - in ER

Don't bother. Apply to the DMV tro restore the license. Have your doctor obtain the medical records from the hospital ER and make a declaration under penalty of perjury that you have never had any seizures, and certainly have not had any in the last two years. That and your declaration should be sufficient to get your license back.

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Answered on 1/28/08, 1:35 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Professional misconduct - in ER

You could sue the nurse, but she might not have the funds to cover a judgment.

You have no claim against the hospital.

Go to the DMV website, and tell them you want to appeal. You may have to hire an attorney to represent you.

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Answered on 1/27/08, 9:54 pm


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