[WSBAPT] revocation of driver license based upon Alzheimer diagnosis....HELP

[Carl Gay]

Dear Colleagues,

 

I sense I am beyond my depth in advising and assisting a 71 year old
long-time client, with a family history of Alzheimer’s Disease, who has
had her Washington driver’s license revoked based upon the “rogue” report
of a neurologist to whom she was referred by her family physician.  

 

The referral was in part made to alleviate my client’s apprehension that
since she was having trouble remembering names and nouns, she feared she
had the disease.  The neurologist evaluated her and found no evidence of
the disease based upon an MRI, an angiogram of her head, carotid
ultrasound, and blood work, but referred her to a psychologist who found
she was within normal ranges for several test areas but was marginal for
others including auditory and visual memory on the Wechsler Memory Scale
tests.  

 

The neurologist, after receiving the report from the psychologist and
without advising my client, wrote to the Department of Licensing and
opined that “based upon current medical condition, this person probably
has Alzheimer’s dementia and should not be driving”.  DOL promptly sent
her notice that her driver’s license had been revoked.

 

My client returned to her family physician, who concluded some new
medications prescribed by the neurologist had adversely affected her
cognitive ability and balance (causing dizziness).  Based upon a follow-up
evaluation after she was taken off those medications, the family physician
wrote a letter to DOL stating the client (i) did not have a condition
which may cause a loss of consciousness or control, (ii) did not have a
condition which may interfere with driving, but that my client (iii)
should be required to submit periodical medical examination reports as a
condition of licensing at six (6) month intervals.  DOL nevertheless
upheld the revocation of her driver’s license and she has an
administrative appeal hearing on May 13, 2014.

 

I solicit your referrals to counsel who handle this type of matter or who
might be able to advise me relative to the law and procedure under these
circumstances.  My thought was to arrange another evaluation by the
psychologist now that my client’s meds have been adjusted, but I know such
a course presents inherent risks.  

 

Thank you in advance for your kind assistance in referring me to others
with experience in appeals of this nature.

 

Best regards,

clg

 


CARL LLOYD GAY                 

GREENAWAY, GAY & TULLOCH

Attorneys and Counselors at Law                     

829 East Eighth Street       Suite A

Port Angeles, Washington   98362

Email                       <mailto:clgay at tfon.com> clgay at tfon.com

Telephone               (360) 452-3323


Facsimile                (360) 452-3724 

 

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THANK YOU 

 

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