FMLA(first its serious enough, now its not)

My FMLA paperwork was given back to me due to it being incomplete.(Sec. 5b & Sec. 7b.) When I took my paper work in to be completed, the doctor decides that he does not want to complete the paper work stating that Fmla really does not pertain to me. All the doctor had to put down was the word "intermitten" and initial it. When the doctor first saw me, he told me that my condition was fifty- fifty. And that the condition could be very serious by causing blindness. That if it were to reacure, to not hesitate, and go to his office for an emergency visit. He stated that if I prolonged my emergency visit that that's what could scar the cornia leading to blindness. I did not take this information lightly. It put me out of work for a total of 5 days (his orders of course, and with a note signed by him.)I called my insurance to put a complaint against him. Although the doctor had already filled out my paper work the board director for the health care provider stated that I should bring in my Fmla paper work if it were to occure again, and then the doctor would fill it out with no problem. Why do I have to wait for another occurence? And, I don't want to call in another 5-7 days off of work with no pay or being written up for it. Can't I hold this doctor acountable for not completing my paper work. First he fills it out with no problem now he does not want to complete it.

1 answer  |  asked Jun 15, 2006 7:12 PM [EST]  |  applies to Illinois

Answers (1)

Anthony Cameron
TODAY, THE ANSWER IS "NO"...

You can't hold him or her accountable. Physicians' independent judgment is universally protected. Whatever caused the physician to change his/her mind is almost certainly not actionable.

It sounds to me like you have first a medical provider problem and then a resultant legal problem. You fix the provider problem and the legal issue goes away. Moreover, it is probably desirable to maintain your eyesight to the greatest degree possible.

One way to get current care and to make sure there are always folks around to sign you FMLA papers is to go to a teaching hospital. If I were in your shoes, wild horses could not keep me from going to one of the fine teaching environments up there. You'll have 20 doctors instead of just one and probably a little clearer instructions as to how to protect your eyes.

Also, and I don't want to name them all, you live in a city where there are all kinds od disability advocacy groups. Some are quite good and even have employment law referrals.

Finally, if you think this Doctor really, really misled you, you do have the option of making a disciplinary complaint to the Department of Professional Regulation. If I were in your shoes, I believe I'd leave that alone and just find a teaching hospital who would support my family leave and has lots of residents running around who are available to fill out my papers 24/7/365.

Good luck. Someone close to me fights a corneal disease, so I really would like to hear about your medical progress. You can email me at dacamara@adams.net

Anthony B. Cameron
Quincy, IL

posted by Anthony Cameron  |  Jun 24, 2006 4:24 PM [EST]

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