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#1
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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