Does a doctor have a duty to return an FMLA form?

Employer(Casino) and Employee (the Lady) subject to FMLA. Casino gives form FMLA certification to Lady for delivery to Doctor. Lady delivers same. Doctor does nothing with the form certification, although certification would be proper under FMLA given Lady's medical condition.

Without medical certification supporting the leave, Casino terminates Lady under employment at will doctrine for failure to report to work. Doctor's failure to tender certification is the cause in fact (let's hope)and legal cause (let's assume) of the loss of Lady's job.

Did the doctor owe a duty at common law to provide Lady the certification? This would not be a FMLA action based on my reading of the act and regs. Would be state negligence action against Doctor. Anyone ever hear of this type of problem? State statutes here do not appear to create any such duty.


1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to Tennessee

Answers (1)

Irwin Venick
Good question - Not sure of the answer.

I am not aware of any similar actions being brought. The question would appear to revolve around the nature of the relationship between a physician and his/her patient. You would be best served contacting an attorney
familiar with patient/physician relationship. Not that it helps in turn of recovery, but you might also want to consider a complaint to the State Medical Board.

posted by Irwin Venick  |  Feb 19, 2001 4:47 PM [EST]

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