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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5964
Experience:  Director and Principal Solicitor. UK
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I am having problems with a doctor. In August 2017 I had an

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I am having problems with a doctor. In August 2017 I had an accident: I was driving fast along a main road and someone pulled out of a side road. I collided & ended up in hospital. The person who pulled out tried to make out that it was my fault. They said that I had lost consciousness, but also said that it happened in the side-road (St. Georges Ave.) I never drive along that side road (it is at right-angles to any route I would wish to take). The police took 2 hours to arrive, so I assume that my car was pushed into the side-road. I was prescribed medication by a doctor, which I assumed was for my benefit, but in hindsight this action was taken in the belief that the other person was believed. The medication made me ill: it affected my sense of balance and made me lose consciousness after a while. I ended up in hospital again and they told me that I had been wrongly prescribed & must stop taking the medication immediately (phenytoin). The doctor then changed the medication to something else. I took this, assuming that doctors were professional experts, but this also made me feel “not 100%”. So I stopped taking this. Now (4 years after the accident) the doctor is threatening to stop me driving, saying that I am an epileptic, but I know that I am perfectly healthy. At the last hospital visit they told me that the problems were caused by the medication. (I have a witness that this message was given). A few days ago I got a message that the medication which I now do not take would be increased to 4 times its present value, and that the DVLA would be informed that I should not be driving. I know that all this is wrong: I am perfectly safe and “why all this 4 years after the accident when I have been driving thereafter for years without problems?” I assume that the doctor is trying to cover his medication mistakes and “save face”. What am I to do ?
JA: Where are you? It matters because laws vary by location.
Customer: I live in Weybridge, Surrey.
JA: What steps have you taken so far?
Customer: I have responded to the doctor (email) saying that he has made a mistake. Also that I do not need the present medication far less 4 times its strength.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have just received a letter from the doctor threatening that if I do not tell the DVLA about "my last seizure" within 3 weeks, that he will do so. This "last seizure" was (I assume) the last time I ended up in hospital and that was nearly 2 years ago.
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Customer: replied 4 days ago.
How do I get your advice ?

Thank you for your patience. I am sorry to hear of this. Any complaint regarding incorrect prescription would fall under clinical negligence and apart from showing that wrong medication was prescribed you must also proof the loss. Your medical records will be required and an expert opinion would also need to be sought on the medications and whether they were wrongly prescribed and the impact on you.
With the seizures, regardless of what caused or causes them (even if it’s the wrong medication) you will be required to notify DVLA. It doesn’t necessarily mean you lose your licence but they will decide based on the circumstances. It is unlikely if it was a one off episode caused by taking medication and you are not actually an epileptic on medication got controlling seizures.
If this doctor is your GP submit a formal complaint to the practice manager and not just reply directly to his emails. If they are at the hospital send a complaint for clinical negligence to the relevant hospital trust.

I note that you have accepted the call offer. Are you ok to consider what I have written above first and if we can talk this afternoon as I am in court shortly,

Any follow up in the interim please do not hesitate to send your message, always happy to clarify anything. Will speak to you later, thank you for contacting just answer.

Customer: replied 4 days ago.

I have read your responses. I would like to be called (this afternoon ?) to get more detailed advice. If you wish to use a land-line my numbers are XXXXXXXX or XXXXXXXXX or XXXXXXXXXXXX.

Hi, I am trying to call you but there is nobody talking when the call is picked up. Let me know what time is best to call you

Customer: replied 4 days ago.
Dear Sir, the mobile signal here is not good. The phone rang & I tried to answer it but got no response. I noted that the call came from Kettering. I tried to ring back but got no reply (All that may have not been you, of course). I am here most of the time at the moment, so may I encourage you to keep trying. Regards, Alan.

Good morning, I will try you during normal hours again on your landline.

I have called and was advised you were out. I will try again later this afternoon.