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Bad medical examiner postcript



 
 
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  #1  
Old December 17th 05, 01:11 AM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript

Friends:
You may have seen my earlier post about the issue with my AME's office
screwing up my student certificate. Well, he straightened it out, and
now I can't fly. Rather than editorialize, I will just lay out the
chronology and let you make your own judgments. It starts in 1965,
believe it or not, but isn't TOO long...

March 1965: I am a disruptive and distractible four-year old when they
are trying to teach us to read (I already knew how to read and was, in
part, bored). I am sent to visit with the school psychologist. We
talk some on two occasions and play a board game. That's the last I
hear of it. I complete grade school, junior high and high school,
college, and law school, with no meds or educational assistance, test
in the 99th percentile on all standardized aptitude tests for college
and law school, and am named a National Merit Scholar.

September 2004: I see my doctor about my congenital borderline
hypertension, some tendonitis in my wrist from typing, and the fact
that I feel sometimes distractible in my high-tension job as a trial
lawyer in public service. We talk, and I relate my grade school issue.
He writes a history of tendonitis, hypertension, and ADD.

February 2005. I finally get to the point in my finances and schedule
where I can live my dream of flying. I go to Samuel Scott, M.D., at
Washington Occupational Health, and pay $140 for a Class III medical
exam. Dr. Scott jokes, "flying, huh? So, you have some extra money
you don't need? How about giving it to me?" I explain to him that I
am getting my medical to make sure there are no issues before I spend
the time and money in flight training. He notes my BP meds, tells me I
can't qualify, then goes away for a while, and comes back with the BP
evaluation protocol he seems to have just discovered. Over the next
couple of weeks, I submit the necessary records (including the
September 2004 note that has a BP reading on it) and the stuff from my
MD.) I pass the medical, but never receive my certificate...

March 2005: After weeks of trying to find out why I don't have my
certificate, without explanation, I am told by his office assistant to
come in and pick it up, which I do. I start flight training.

November 21, 2005: 8.5 months and $10,000 later (I am in the ADIZ and
have to fly 20 minutes each way to and from the practice area, which
adds to the cost) my CFI has me schedule my checkride for December 5.
I try to register for IACRA and can't. FAA tells me the number on the
certificate in my possession does not match the paperwork the AME's
office submitted to the FAA. FAA says AME has to fax in explanation.

Tuesday, November 22, 2005 (13 days to checkride): I call the AME to
get this corrected and he says "it's the holidays and I'm leaving
town." I indicate some urgency because of the impending checkride. He
says he will look into it when the office assistant gets back in on
Monday.

Monday, November 28 (7 days to checkride): I call and talk to the
office assistant. First she ever heard of it (she's not the same one
who issued the faulty certificate). Pledges to look into it and says
she will call back Tuesday.

Tuesday, November 29 (6 days...): Call office assistant back. She's
not in the office that day.

Wednesday, November 30 (5 days...): AME calls me, says former office
assistant messed up my certificate and just filled in a new one to give
me. He explained she was not used to them being numbered, because only
student pilot certificates are numbered. Informs me the number is now
straightened out. However, he noticed the ADD notation in the
September 2004 record and says "that is a disqualifying condition.
Goodbye." End of story. No help, no mention of any protocol to submit
additional information, nor any explanation of why he didn't think of
this when he performed the exam and signed off originally. Recall that
I obtained the exam BEFORE I spent the time and money training, just to
make sure.

Saturday, December 3 (checkride is Monday, December 5): I receive
letter from FAA dated November 30 revoking my medical, and suggesting I
"voluntarily" surrender it within 14 days or face legal action.
Attached is a protocol for a battery of tests to be performed by a
psychologist or psychiatrist and submit if I want to be re-evaluated.
Tests include an IQ test, Rorschach (inkblot) test, alcoholism and
depression screening, and other tests for which the relevance isn't
apparent.

Anyway, that's my story. I have submitted a letter from my primary MD
pointing out that the diagnosis of ADD did not even exist in 1965, and
that I received no treatment, so his history is in error. Waiting to
see what the FAA says...

In the meantime, I'd like to offer my sincere thanks to everyone in
this newsgroup for sharing their knowledge of flying, and their passion
for it, during my brief foray into the blue. You all really added a
lot to it.

Wiz

  #2  
Old December 17th 05, 02:07 AM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript

Friends:
You may have seen my earlier post about the issue with my AME's office
screwing up my student certificate. Well, he straightened it out, and
now I can't fly. Rather than editorialize, I will just lay out the
chronology and let you make your own judgments. It starts in 1965,
believe it or not, but isn't TOO long...


depressing story snipped

This is another excellent example of why the medical certificate system for
private pilots is totally broke. You in effect self certify yourself to fly
every day. I have always and will continue to advocate to friends and
students for 3rd class medicals: Get regular checkups from your regular
physician to pronounce yourself healthy and safe. Go to a doctor you don't
know and have no history with for an aviation medical, and don't tell them
anything they don't need to know. If you need a 2nd or 1st class medical,
this advice does not apply.

Don't bother replying that somebody was recently prosecuted for lying on
their medical application, I know all about it, and I don't care.


  #3  
Old December 17th 05, 02:26 AM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript


"Wiz" wrote
....
Friends:
You may have seen my earlier post about the issue with my AME's office
screwing up my student certificate. Well, he straightened it out, and
now I can't fly. Rather than editorialize, I will just lay out the
chronology and let you make your own judgments. It starts in 1965,
believe it or not, but isn't TOO long...


snip

Anyway, that's my story. I have submitted a letter from my primary MD
pointing out that the diagnosis of ADD did not even exist in 1965, and
that I received no treatment, so his history is in error. Waiting to
see what the FAA says...


That is the story from hell! I can't believe it, but it does happen.
Another thing that I remember a crusty 'ole falcon pilot telling me about
medicals. F%#k 'em (the FAA). Don't tell 'em a damn thing.

Seems like it would have been good advise, for you.

Don't let them win. Keep up the hope!
--
Jim in NC

  #4  
Old December 17th 05, 03:41 AM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript

"Wiz" wrote in news:1134778275.425245.226330
@g49g2000cwa.googlegroups.com:

Snipola of really F'd up story

First, my symapathies for your troubles.

But based solely on what you've written, I wonder if there
might not be some legal action you can take to recoup your
monetary loss because of the screwup by the AME. After all,
you would not have started your flight training if you had
not been issued a certificate in the first place, right?

This assumes you don't get things straightened out and are
allowed to fly.

Keep fighting, and let us know how it goes.

Brian
--
http://www.skywise711.com - Lasers, Seismology, Astronomy, Skepticism
Seismic FAQ: http://www.skywise711.com/SeismicFAQ/SeismicFAQ.html
Quake "predictions": http://www.skywise711.com/quakes/EQDB/index.html
Sed quis custodiet ipsos Custodes?
Like censorship and not getting support help? Switch to Supernews!
They won't even answer questions through your ISP!
  #5  
Old December 17th 05, 04:45 AM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript

Dr. Scott jokes, "flying, huh? So, you have some extra money
you don't need? How about giving it to me?" I explain to him that I
am getting my medical to make sure there are no issues before I spend
the time and money in flight training.
[...] I pass the medical, but never receive my certificate...


March 2005: After weeks of trying to find out why I don't have my
certificate, without explanation, I am told by his office assistant to
come in and pick it up, which I do. I start flight training.


There is a legal principle called "detrimental reliance", which holds
that if you reasonably rely on somebody's actions, to your detriment,
they are responsible for the harm. You relied on your AME's examination
and the certificate he presented you, to your detriment (the cost of
flight traning), and their actions were in error (you do not have a
valid certificate, and apparantly never did).

According to this legal principle, they are responsible for your costs.

I am not a lawyer, but I have heard of them. It might be worth an
appointment.

Jose
--
You can choose whom to befriend, but you cannot choose whom to love.
for Email, make the obvious change in the address.
  #6  
Old December 17th 05, 04:56 AM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript

On 16 Dec 2005 16:11:15 -0800, "Wiz" wrote:

job as a trial
lawyer



Not that I'm a fan of the "sue him" mentality, but if your story is as
black and white as you describe it, it seems you are in the best
position possible to do something about it. You won't need to pay a
lawyer to have charges or liability suit put against the AME, and
hopefully you can present a factual case to the FAA that winds through
their legal requirements to get your medical re-issued.

Good Luck.
z

(I'm Not a lawyer so the reasons for suit may not be accurate, but
from the story it seems something is there to persue.)
  #7  
Old December 17th 05, 06:45 AM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript

("Wiz" wrote)
[snip]
Anyway, that's my story. I have submitted a letter from my primary MD
pointing out that the diagnosis of ADD did not even exist in 1965, and
that I received no treatment, so his history is in error. Waiting to
see what the FAA says...



If you haven't already, join AOPA. Then contact AOPA. Do this Monday!


Montblack
  #8  
Old December 17th 05, 06:58 AM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript

Skywise wrote:

After all,
you would not have started your flight training if you had
not been issued a certificate in the first place, right?


Students don't normally need a medical certificate until they are ready to
solo, so it is certainly conceivable that one could start flight training
with the risk that a medical certificate is unobtainable, some ten to
twenty hours into lessons.

--
Peter
  #9  
Old December 17th 05, 03:47 PM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript

Wiz wrote:


Anyway, that's my story. I have submitted a letter from my primary MD
pointing out that the diagnosis of ADD did not even exist in 1965, and
that I received no treatment, so his history is in error. Waiting to
see what the FAA says...

In the meantime, I'd like to offer my sincere thanks to everyone in
this newsgroup for sharing their knowledge of flying, and their passion
for it, during my brief foray into the blue. You all really added a
lot to it.

You need to call your regional flight surgeon's office. I believe it's
still the one up in Jamaica NY for this area. They were very helpful.
They can help you decode the initials on the bottom of the form and call
them and negotiate a shorter way out than the full PPP protocol.
  #10  
Old December 17th 05, 08:49 PM posted to rec.aviation.student,rec.aviation.piloting
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Default Bad medical examiner postcript

I think he had mentioned he wanted to get the medical first, just to make
sure all was OK. I had received the same good advice because of a heart
murmur. Had I not gone through the hoops and gotten the SI medical first, I
would've been waiting for it so I could solo.
--
Chris Ehlbeck, PP-ASEL
"It's a license to learn, have fun and buy really expensive hamburgers."

"Peter R." wrote in message
...
Skywise wrote:

After all,
you would not have started your flight training if you had
not been issued a certificate in the first place, right?


Students don't normally need a medical certificate until they are ready to
solo, so it is certainly conceivable that one could start flight training
with the risk that a medical certificate is unobtainable, some ten to
twenty hours into lessons.

--
Peter



 




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