Under What Form Of Malpractice Can I Sue?

by liber(the poet);

Hi.I have a history of Seizures (NOT EPLIPSEY).I have not had a seizure in 18 years.I am 24 years old.However it is still apart of my medical records.According to the military coding if someone has not had a seizure for over 5 years and can pa*s an EEG and MRI with positive results proving they will never have a seizure again because the brain waves are normal and everything is in order then they are allowed to join the military a*suming they pa*s all other test.I have met all these requirements and even had my main doctor write a letter stating I was fit for the military.I have even undergone intense expensive testing where I was extremely sleep and food deprived and endured high amounts of stress at a neurologist to ensure that I was clear for the military.I was cleared by a neurologist also.However a Doctor Loser (Who is NOT military) at MEPS refuses to clear me.Even though military coding says he needs to.I want to sue him for malpractice and what to know the legal term of the crime he has committed.Cause he's messin with my future.
Mind you that seizures and eplipsey are two different things but for those who think it's the same.Here is the exact coding from the ARMY/National Guard Regulations

j. Epilepsy (345) occurring beyond the 6
th
birthday, unless the applicant has been free of seizures for a period of 5
years while taking no medication for seizure control, and has a normal electroencephalogram (EEG) does not meet the
standard.All such applicants will have a current neurology consultation with current EEG results.
I meet the military standards.
If I can't sure.Tell me what I can do.I can't go to another MEPS office due to the 2009 instilled policy stating that is MEPS Hoping and will disqualify you for 1 year.How do I go about getting this to go before the military medical board and get a trial with them?
Thanks for all your help.I have contacted the Department of Defence and have been notified there is no reason for them to deny me and that I would get a chance to present my case in court before the Military Medical Board.
Thanks for all your help.I have contacted the Department of Defence and have been notified there is no reason for them to deny me and that I would get a chance to present my case in court before the Military Medical Board.
Oh yea the problem with this doctor is he's a skin doctor he don't know crud about seizures

Cliff
What you're describing is not malpractice. He has not committed a crime, nor has he done anything illegal. He is not a military doctor and is not bound by military law, either....refusing to clear you has nothing to do with malpractice.This will not be what you want to hear, but there is no malpractice, there is no crime, and the Army has the absolute right to reject any candidate that does not meet its standards.You will have to find another future.

Esther
Contrary to the other answers, there is, as you suspected, a special form of malpractice suit that is specifically designed to address cases where doctors have the courage of their independent judgment and it interferes with the wishes of the patient.

What you need to do is find a malpractice attorney and tell him or her that you wish to file a "meritless" malpractice suit. Such a suit will get you everything to which you are entitled.

Good luck to you, and God bless.

Doctor Snark
You have several concepts confused here.The first of which is malpractice.There is no definition of the concept of malpractice that would include a physician refusing to clear your for military service, or any other kind of service in fact.That's just not what that word means.

The second thing you seem to be confusing is how medical clearance works for the military.There are several conditions that will flat-out disqualify you from service.If you have not had a seizure for a certain period of time and your brain scans are clear, all that means is that you're not automatically disqualified.It doesn't mean that you're medically clear, it doesn't mean that a doctor has to medically clear you and it doesn't mean that you have to be allowed to join.It just means that your application isn't automatically tossed.

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