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  1. #1
    Join Date
    Jan 2008
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    3

    Default Can A Doctor Refuse To Fill Out Medical Papers

    Hello,

    I have recently had to take 4 days off for a severe case of bronchitis. I saw the Dr on the first day. Was given 4 prescriptions and note to return to work after 4 days. I called HR dept, gave them details, they stated they would need FMLA papers filled out. Had my wife get the papers and drop off to Dr. One week later I check with Dr. and he states that since it was a clinic and he isn't my regular Dr. that he would not fill them out.

    I do not have a regular Dr. This is a very small community and most people go to the urgent care clinic. Do I have any recourse to get him to fill this out? I understand they may charge for doing so and that isn't a problem but the fact is he provided the medical care, wrote the prescriptions, and put me off work. I feel it is only fair that he is responsible to fill out these papers.

    thanks for any info.

    Bob from Indiana

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,816

    Default Re: Can A Dr Refuse To Fill Out Medical Papers

    This isn't really an employment law question, but to the best of my knowledge no, there is nothing in the law that you can use to force him to complete the papers.

  3. #3
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Can A Dr Refuse To Fill Out Medical Papers

    Quote Quoting tmwtbd
    View Post
    Hello,

    I have recently had to take 4 days off for a severe case of bronchitis. I saw the Dr on the first day. Was given 4 prescriptions and note to return to work after 4 days. I called HR dept, gave them details, they stated they would need FMLA papers filled out. Had my wife get the papers and drop off to Dr. One week later I check with Dr. and he states that since it was a clinic and he isn't my regular Dr. that he would not fill them out.

    I do not have a regular Dr. This is a very small community and most people go to the urgent care clinic. Do I have any recourse to get him to fill this out? I understand they may charge for doing so and that isn't a problem but the fact is he provided the medical care, wrote the prescriptions, and put me off work. I feel it is only fair that he is responsible to fill out these papers.

    thanks for any info.

    Bob from Indiana
    The Doctor is under no obligation to fill out the forms.

  4. #4
    Join Date
    Jan 2008
    Posts
    3

    Default Re: Can A Dr Refuse To Fill Out Medical Papers

    Thanks for the input.

    Bob

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Can A Doctor Refuse To Fill Out Medical Papers

    It's funny that the less people make the more hassle they get from their HR departments.

    As the clinic for a copy of your records and note that your HR people have the option of firing you (if you have an unexcused absence clause). Chances are the doctor put in there that he recommended no work for 4 days. He may have even written it on a prescription pad.

    Bob, you sound like a hard working guy and a great worker; you are doing the right thing. Ask your HR people if a copy of your medical file from that day would work. In most cases, with a really good worker, they just want the stuff documented for their purposes.

    You might also be able to turn in the FMLA file with a copy of the prescription noting 4 days off. ...FMLA is generally not used for short absences but your employer may have a standard form that they require if you use FMLA or not.

    Bob

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,816

    Default Re: Can A Doctor Refuse To Fill Out Medical Papers

    Well, actually, an employee can be fired for non-FMLA absences whether they have an unexcused absence clause or not. They can be fired for any reason not specifically prohibited by law (in all states but Montana, and even sometimes there) unless they have a contract or CBA that SPECIFIALLY says otherwise.

    I take issue with the statement that HR people are going to give lesser-paid people a harder time than higher-paid people. As far as FMLA goes, the eligibility requirements are set by Federal law. An employer who KNOWS that an employee has a potentially FMLA qualifying condition must at least conditionally grant FMLA whether they have a doctor's form or not. However, if there is a question about the medical eligibility of the condition, the employer does have a right to the information. Additionally, it doesn't benefit the employee to have time alloted to FMLA that doesn't qualify - what if he has a real FMLA condition later in the year?

    Most HR departments are willing to work with the employee when a doctor is uncooperative.

  7. #7
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Can A Doctor Refuse To Fill Out Medical Papers

    It is fine if you take issue. When I worked a lesser paying job there was always slack for the workers (construction, McDonald's, collections) from HR. It might have even been undeserved but these hard workers were given a hard time and would be forced to come in sick, even with a doctor's note. The people in the office and in the back office were given a lot more leniency. It seemed like they had it much easier.

  8. #8
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Can A Doctor Refuse To Fill Out Medical Papers

    The chances are here that the urgent care clinic Dr did not know that you didn't have a regular dr. All you have to do is call him and speak with him yourself. Simply explain to him that you don't have a regular dr...(also helps by asking him if he is taking new patients) and that you didn't understand the importance of having a regular dr. This is a rule that the drs use to keep them from doing needless paperwork on about every patient who walks thru the door. This doesn't mean that he wont do it. Don't talk to the secretary or the nurse...insist on speaking to the dr. Doesn't hurt to try.

  9. #9
    Join Date
    Jan 2008
    Posts
    3

    Default Re: Can A Doctor Refuse To Fill Out Medical Papers

    Thanks for all the time to provide information. I have spoken with the Dr and had to actually file with the court to get this done. as soon as papers were served I got a call stating these were filled out and ready to be picked up.

    I really feel that there should be something in the fmla law that addresses this situation. All the medical professionals could decide to not fill these papers out and the law would be useless.

    Thanks again for all the help and info.

    Bob

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