Negligent/Fraudulent Doctor's Note
If a patient asks a doctor for an excuse from work under the FMLA and the doctor gives him one (where the doctor says that patient can only work 30 hours/week instead of 40) but W/O actually examining the patient, can the patient's employer sue the doctor for malpractice or fraud or negligence?
Asked on 6/07/07, 4:42 pm
1 Answer from Attorneys
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: Negligent/Fraudulent Doctor's Note
Not for malpractice. A claim of fraud would be difficult, but possible under the correct circumstances.
Answered on 6/11/07, 1:08 pm
