My father is seeing a doctor that needs Medical Leave Paperwork completed, requested by his employer, his doctor is refusing to complete it and cooperate with my dad whose is the patient. Is this a Medical malpractice issue? Can I bring a lawsuit against the practice? Any info would be appreciated.
My dad is going to have back surgery and can't walk hardly at all. His work approved the medical leave. His doctor filled out the medical leave but refused the extended part, to extend the date to say July.
THERE IS PLENTY OF MEDICAL PROOF PROVING HE CAN'T WORK. IM NO MEAN PERSON LOOKING TO SUE, THIS IS A SERIOUS SITUATION FOR MY FAMILY. KEEP YOUR SARCASTIC REMARKS TO YOURSELF!
pauline
Maybe your dad doesn't need Medical Leave.
Krista K
No. He is refusing to fill out the paper work because he doesn't feel like medical leave is necessary. Ask the doctor why. If he won't tell you why he is refusing to sign it, then you may have a lawsuit. You cant make a doctor sign something. Your question is similar to asking if you can sue a doctor if he refuses to prescribe you a medicine you have suggested.
If you don't like him find another doctor.
I would ask him why he is refusing to sign it?
elkdevel
SU, SUE, SUE. and you wonder why health care costs so much. Be the cure, not the problem. The doctor has to follow the law, not requests.
cargopilot
Free money for everyone! Sue everyone! What a great concept!. Perhaps your Father doesn't qualify, or the doctor isn't getting paid for that service. I see no reason why a doctor should complete any form he doesn't want to. The doctor doesn't want to complete the form. How has this medically harmed your Dad?
LovesTheConstitution
The doctor is not supposed to certify any statement that he believes is false or unsupported by medical fact.
The doctor cannot use your father's request as a basis for completing the FMLA paperwork. It is the medical condition that would be the determinant of the decision to sign the paperwork or not.
It may be that the general practitioner feels that a specialist is required for a complete determination of the medical condition. The general practitioner could not sign FMLA, but the specialist might.
Your father should ASK HIS DOCTOR for more information. Or you may have to understand that your father does not disclose everything about his medical condition or his communication with his doctor. Or there may be some other explanation that you do not know.
I know of no set of facts that you describe which would support a medical malpractice claim in this situation.
Orignal From: Q&A: In the State of Texas,Doctor refuses to fill out my paperwork for Medical Leave, is this a Medical Malpractice?
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