Can I do a second med exam to get rid of the first

Discussion in 'Questions From New Drivers' started by It's just me, Jul 26, 2022.

  1. Moose1958

    Moose1958 Road Train Member

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    This is you and maybe 75% of other drivers out there. Just note, in the unlikely event you are ever part of a lawsuit coming out of an accident. All of the medical records they can find will be obtained. Lawsuits are an exception to HIPAA. If you are in fact hiding a disqualifying issue, it could cost you everything.
     
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  3. sevenmph

    sevenmph Road Train Member

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    I was sure someone would post something to this affect. I feel the same way.

    I was also sure you would get this type of a response.
     
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  4. Moose1958

    Moose1958 Road Train Member

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    @sevenmph I do as well. There are some things you can't hide though.

    History of Depression is NOT disqualifying. If this was something from the past that means the driver is cleared to drive. To be honest I doubt there are many of us that can go an entire life and not have a bout of depression. Personally, I would have not admitted to it on my medical. It is in the past was treated and is no longer an issue. 391.41(b)(9)

    Has no mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely;

    I DO NOT see the word "history" there. Even the MEs handbook clearly states depression is not in itself disqualifying. It goes on to say some of the 2nd generation antidepressants are to be on a case-by-case basis when it comes to clearing a driver. So either the OP has not told us the full truth, or that 1st ME is another of the many idiots that are not following the dang rules.
     
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  5. sevenmph

    sevenmph Road Train Member

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    Actually they are not. The Hammer would have to get a signed waiver from you. If you don't sign he would have to get a subpoena. If you, or your doctor/hospital object to the subpoena, the matter would need a judge's ruling. Also, just like warrants and other subpoenas it can't be a fishing expedition. The subpoena can't be of broad scope and ask for all your records.

    The way most of these ambulance chasers obtain this information is because you already signed away your HIPAA rights. If your doctor's office or hospital asks you to sign, tell them to pound sand. They do that so they won't have to worry about your rights moving forward. I once had a clinic tell me if I didn't sign they wouldn't be able to email me the results. I told them that's a lie. HIPAA concerns THIRD party sharing. I'm the first party.

    PS. No I'm not that smart. My daughter works in HIPAA compliance for a large health network.
     
  6. Moose1958

    Moose1958 Road Train Member

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    I was using lawsuit and subpoena interchangeability because a subpoena for records is the first thing that happens once records are found in a lawsuit. I should have used the word subpoena.
     
  7. Moose1958

    Moose1958 Road Train Member

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    This is the way an Attorney explained this process to me about 5 years ago. You are right that these subpoenas can't be "fishing expeditions" however, what defines one is up to a Judge. I was told in most cases a driver can be forced to an exam by a Doctor after a major accident. Personal injury Attorneys can quote HIPPA forward and backward. They know from experience how to word those subpoenas. The last case I can remember happened last year I think in Ohio. A driver had an RX for I think it was Hydrocodone and had taken a pill several hours before the crash that killed two people. The crash was later determined to NOT be the driver's fault. However, he tested positive for opiates. He had an RX, but was not supposed to be taking them on duty because an ME had not signed off on it. There was a settlement I am not privy to. I do know this driver lost his job and as of this spring was still disqualified to drive because of being on duty and testing positive.
     
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  8. Northern Nomad

    Northern Nomad Light Load Member

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    Thankfully, I’m in pretty good shape. I’m not overweight, my blood pressure is usually textbook, so to the naked eye, there are no red flags.
    I get annoyed at these medical examiners playing God and making people jump through hoops to get their med card. So, when I get asked, I sleep 8 hours a night, I exercise at minimum 5 days a week, I don’t drink alcohol, don’t smoke or use any tobacco, don’t swear and I go to church every Sunday.
    Now, if I had a serious issue that could jeopardize the safety of myself or others, than I would bring it up. Until then,
     
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