Medical Malpractice
Greg Prosmushkin
Dec 28, 2018

It is an unpleasant reality that we all age, and, as we do, our health will inevitably degrade. As one’s mental acuity, vision, hearing, reflexes and other physical abilities decline, there often comes a point at which it is no longer safe for the individual to operate a motor vehicle. This determination is made by medical professions in accordance with the guidelines established by PennDOT. If a medical condition exists which a physician or another medical professional believes falls within the scope of these guidelines they are required to report such to PennDOT. Ultimately, PennDOT will make a determination and recall the individual’s license when they deem it medically necessary. However, this is not final, and there are options available to you to contest PennDOT’s decision. Contact The Law Offices of Greg Prosmushkin, P.C. today to schedule a free consultation to discuss your situation with one of our attorneys.

There are a number of medical concerns that can cause a license recall. This website is not a medical site, and none of the attorneys at The Law Offices of Greg Prosmushkin, P.C. have any formal medical training, so the information provided below is reasons PennDOT may give for a recall, and should not constitute medical advice.

  • VISION: Perhaps the most important facet of driving is vision. Simply put, you have to be able to see and react to your surroundings in order to drive safely. While many people do not have perfect vision and are aided by corrective lenses, there does come a point at which the degradation is too severe. This usually comes with age, as peripheral vision begins to fade. Driving at night becomes difficult with age as well, since more light is required for our declining eyes to function normally. A person must meet PennDOT’s field of vision standards and have vision no worse than 20/70.
  • HEARING: It is natural that as we age our hearing will decline as well. Obviously, one must be able to hear horns, sirens, etc. in order to drive effectively. Hearing difficulty leads to a lack of the attentiveness drivers must demonstrate to drive safely.
  • SEIZURE DISORDER, ET AL.: If one has a seizure disorder, or any other medical condition which leads to either a loss of consciousness or an inability to fully control a vehicle, they will represent a real danger to themselves and others. While we are not looking to punish those who suffer from significant medical conditions, safety must come first.
  • COGNITIVE ABILITIES: If a condition exists -brain damage, dementia, etc. – which negatively affects reaction time, it may be time for the individual to stop driving. The relatively rapid communication between the eyes and brain and the ability to react appropriately is a crucial component of driving. Older drivers can compensate for natural degradation by simply driving slower and further from other vehicles, but more substantial conditions beyond simple aging may eliminate the possibility of accommodation.
  • MENTAL HEALTH: Thoughts of serious depression or suicide may make someone a driving risk. If you have any such depression or anxiety, you should seek out the assistance of a trained professional to treat the matter. A medical professional will make a determination regarding whether it is safe for you to operate a vehicle.
  • DISEASE/MEDICATION: There are a number of diseases that may affect your ability to drive. Likewise, some regular medications may have unintended side effects that make driving unsafe. Talk to a medical professional about whether you are healthy enough to drive, and ask if any medications you are taking may negatively affect your abilities.

What Can I Do?

Sometimes a suspension action taken by the DMV may be unwarranted and unreasonable. We urge you to consider to not simply accept that your driving privileges are “done for” but rather consult with one of our experienced Philadelphia Traffic Lawyer who can explain how to save them. In order to get your license reinstated from a medical suspension, you will have to exhibit certain evidence, including a statement from a licensed physician that you are capable of operating a motor vehicle safely. If you are facing the possibility of a License Suspension due to a medical recall, you need to speak with one of our experienced Traffic Ticket Lawyers to speak about your case.

If you receive notice that your license is being recalled, contact an attorney immediately. While driving is a privilege, not a right, it is not a requirement that you relinquish the privilege without appropriate dialogue. Call The Law Offices of Greg Prosmushkin, P.C. today to Schedule A Free Consultation with one of our attorneys.

This content was written on behalf of Greg Prosmushkin.