Legal Question in Medical Malpractice in Florida

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, P.A.

Re: Negligent/Fraudulent Doctor's Note

Not for malpractice. A claim of fraud would be difficult, but possible under the correct circumstances.

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Answered on 6/11/07, 1:08 pm

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