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Recourse if Dr. refuses to fill out FMLA forms

CambiataCambiata Commander ShepardThe likes of which even GAWD has never seenRegistered User regular
I've had what I would characterize as a severe case of bronchitis for the past week and a half. I actually would have gone in to work anyway, and actually did try to go into work on Wednesday of last week, but supervisor insisted I had to take calls during that time. I've been coughing so hard and so frequently that my throat hurts from just that alone, and needless to say that day was pretty difficult. By the end of the day I was in tears. Part of the problem is our company's VOIP isn't very good so I almost always have to shout during my calls - not easy when your throat already hurts and speaking makes you cough more. I decided after that that what I should do is take FMLA since, after all, that is what FMLA is for - to cover you when you are actually unable to perform your job. I had been taking vacation days, and used one of those days to see a doctor on Friday of last week - 2/10. But I didn't decide to file an FMLA claim until Monday, which converted those vacation days into FMLA absences instead. The doctor I saw was not my primary care physician because she was booked up, but he was another doctor in her office. I spoke to his medical assistant a few times and things seemed to be going ok until she called me back and informed me that the doctor "didn't tell you to take those days off" and so he would not fill out any FMLA forms. I asked her to please request again because he's the only doctor I've seen during this time, I can't really get the paperwork from anyone else, and the only reason I'm taking it is, as noted, my job is entirely on the phone and I can't perform that right now. She said she'd ask him again. A couple of hours later I got a call from that doctor, conveniently at the end of office hours, saying his decision is final and "your voice is fine" and "we all get respiratory infections" and if i want that paperwork I should see my pcp.

So what I have done so far is sent my company insurer the summary of my visit I received on Friday and I will call my pcp tomorrow to try to get an appointment squeezed in. Beyond that, is there any recourse for me with this doctor? Is there any way I can compel him to fill out paperwork, such as filing court proceedings against him?

https://www.instagram.com/bel.di.doll/

“Let us not grow weary in doing good, for in due season, we shall reap, if we do not lose heart.”

Posts

  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator mod
    I don't know but man, just fuuuuuuuck that guy

    And it seems like all is dying, and would leave the world to mourn
    Cambiatadispatch.oNightDragonXaquinStrikorbowenadmanbMrVyngaardMagic PinkMayabirdLovelyamateurhourkimeInquisitor77RobonunV1mEncGizzyGnizmoRainfallfightinfilipinoCalicaBouwsTspool32
  • dispatch.odispatch.o Registered User regular
    edited February 15
    I'd like to say you can do legal stuff because that would be satisfying, but I don't know. IANAD and IANAL. I do know that with FMLA paperwork, your best bet for results will be to get it all filled out now and contact the office staff of your primary care to find out what they need.

    Depending on your relationship with your doctor they may say hi, call the other doctor kind of a dick and sign whatever you need. Just be sure to make it as convenient as possible for them to do so.

    Edit: If you're in Oregon (maybe other places) the first 40 hours of work you miss is protected anyway without paperwork.

    Edit2: In case you want to look into something similar in your state.

    https://www.oregon.gov/boli/TA/Pages/T_FAQ_OregonSickTime.aspx

    dispatch.o on
  • CambiataCambiata Commander Shepard The likes of which even GAWD has never seenRegistered User regular
    edited February 15
    I'm in Texas, I'll look into it.

    I already did leave a message with the assistant of my pcp earlier today, before the other doctor finally called me. I was, uh, actually crying during that one so she may not have heard the message. Maybe it'll help my case (with my pcp, I mean) if I explain I've been coughing so hard I pee myself several times a day? And explain about the bad VOIP in my workplace?

    Cambiata on
    https://www.instagram.com/bel.di.doll/

    “Let us not grow weary in doing good, for in due season, we shall reap, if we do not lose heart.”
  • OrogogusOrogogus San DiegoRegistered User regular
    I don't think Texas will have anything like that. As far as I know it's the most employee-hostile state in the Union.

    schusszepherin
  • CambiataCambiata Commander Shepard The likes of which even GAWD has never seenRegistered User regular
    Orogogus wrote: »
    I don't think Texas will have anything like that. As far as I know it's the most employee-hostile state in the Union.

    Yes, I did a search over government websites, nothing much to protect me in Texas.

    https://www.instagram.com/bel.di.doll/

    “Let us not grow weary in doing good, for in due season, we shall reap, if we do not lose heart.”
  • schussschuss Registered User regular
    edited February 15
    Orogogus wrote: »
    I don't think Texas will have anything like that. As far as I know it's the most employee-hostile state in the Union.

    Yep, pretty much. Even WC law is basically curtailed vs. other places due to how loose the laws are (you can basically be your own WC carrier with minimal issue if you really want to). Oddly enough the best bet is to sue in West Texas as it's extremely plaintiff-friendly.

    schuss on
  • DarkewolfeDarkewolfe Registered User regular
    Your only option is to contact your PCP. It's basically at a doctor's discretion whether to file that sort of paperwork, based on their judgement.

    What is this I don't even.
    spool32
  • bowenbowen ayyyyyyyy Registered User regular
    You see this kind of behavior a lot from male doctors and female patients for some reason, usually with a gp or pcp, especially one that is covering for another doctor. I would try again with your actual PCP and stress you don't want to pester them but at the same time you're worried that a severe enough cases of laryngitis like this can cause lasting damage too (rare but it happens), mostly because you have to shout into a phone at work.

    Warning: I am a programmer/sysop. IANAL/IANAD, seek actual advice from certified people in their respective fields if you are actually in need of it.
  • Skull2185Skull2185 I'm extra good at beating up the weak ones! Registered User regular
    I've never seen a doctor (male or female) act like that towards a patient (male or female) that legit needed FMLA. People do try to abuse it, but your case is very clearly legitimate. He's being a dick for some reason, and your best bet is to see your normal PCP ASAP. I'd advise against any court proceedings if you like your normal PCP, unless you have no other options. Even if it's legitimate legal action, most medical practices discharge patients that threaten or go ahead with legal action against them/their providers.

    Daylight Savings Time is a ruse perpetuated by Satan, The Devil! He harvests our sorrow to power his Misery Engine. Wake up, sheeple!
    Elvenshae
  • CambiataCambiata Commander Shepard The likes of which even GAWD has never seenRegistered User regular
    Great news for me, our insurance company approved the FMLA and short term disability using only the summary of my doctor's visit, no other paperwork required. All I have to figure out now is how to put in a complaint with the hospital against that doctor for entirely unnecessary rudeness.

    https://www.instagram.com/bel.di.doll/

    “Let us not grow weary in doing good, for in due season, we shall reap, if we do not lose heart.”
    Magic PinkbowenSkull2185NightDragonElvenshaeIncenjucarDaenrisOrogogusV1mBloodySlothEncGizzySiskaGnizmoRainfallShadowfireNobodySo It GoesceresTNTrooperKyouguCalicaBouwsTBlameless ClericRingospool32MegaMek
  • bowenbowen ayyyyyyyy Registered User regular
    Cambiata wrote: »
    Great news for me, our insurance company approved the FMLA and short term disability using only the summary of my doctor's visit, no other paperwork required. All I have to figure out now is how to put in a complaint with the hospital against that doctor for entirely unnecessary rudeness.

    http://www.tmb.state.tx.us/page/place-a-complaint

    Warning: I am a programmer/sysop. IANAL/IANAD, seek actual advice from certified people in their respective fields if you are actually in need of it.
    CambiataIncenjucarGnizmoShadowfireBouwsTRingo
  • DevoutlyApatheticDevoutlyApathetic Registered User regular
    If you think it was that bad be sure to go hit all the doc review sites out there and share your experience as well. Not sure how effective it will be but it will likely be very cathartic.

  • CambiataCambiata Commander Shepard The likes of which even GAWD has never seenRegistered User regular
    If you think it was that bad be sure to go hit all the doc review sites out there and share your experience as well. Not sure how effective it will be but it will likely be very cathartic.

    I think it was bad because if I was working for a company with less robust employee protection his actions could be enough to get me fired, assuming I couldn't get my certification letter through my pcp.

    https://www.instagram.com/bel.di.doll/

    “Let us not grow weary in doing good, for in due season, we shall reap, if we do not lose heart.”
    DevoutlyApathetic
  • mtsmts Registered User regular
    edited February 15
    most decent sized hospitals actually have a department that handles that, complaints, not fmla

    mts on
    camo_sig.png
    bowenCambiata
  • CambiataCambiata Commander Shepard The likes of which even GAWD has never seenRegistered User regular
    Just an update if anyone is curious: I submitted a complaint to the Texas Medical Board and I plan to leave a complaint with the hospital, but the administrator who takes those complaints isn't there this week because of a funeral. I left him a message yesterday before I knew where he was, so I'll wait until next week before trying again.

    I also mentioned my FMLA troubs to my work buddy, he informed me that he had the same issue with getting paperwork for bronchitis back in November and he actually had to go to the ER. His FMLA was refused by insurance, presumably due to lack of paperwork, which fucking sucks because he got written up for missing days. What kind of doctor won't do the paperwork for an ER visit? My google searches seem to indicate doctors are not keen to do that paperwork, but not why they will not.

    https://www.instagram.com/bel.di.doll/

    “Let us not grow weary in doing good, for in due season, we shall reap, if we do not lose heart.”
  • bowenbowen ayyyyyyyy Registered User regular
    I've found that if you're willing to fill the paperwork out, and pay like $200, they will usually sign it.

    Warning: I am a programmer/sysop. IANAL/IANAD, seek actual advice from certified people in their respective fields if you are actually in need of it.
  • CambiataCambiata Commander Shepard The likes of which even GAWD has never seenRegistered User regular
    bowen wrote: »
    I've found that if you're willing to fill the paperwork out, and pay like $200, they will usually sign it.

    I actually offered to pay whatever paperwork fees necessary right up front. $200 is kind of a lot but I would have paid it... it's pretty clear the guy thought I was trying to "get away with" something.

    https://www.instagram.com/bel.di.doll/

    “Let us not grow weary in doing good, for in due season, we shall reap, if we do not lose heart.”
  • tastydonutstastydonuts Registered User regular
    Cambiata wrote: »
    bowen wrote: »
    I've found that if you're willing to fill the paperwork out, and pay like $200, they will usually sign it.

    I actually offered to pay whatever paperwork fees necessary right up front. $200 is kind of a lot but I would have paid it... it's pretty clear the guy thought I was trying to "get away with" something.

    That's the problem. And while it doesn't excuse the doc's rudeness toward you, there's a ton of FMLA abuse that goes around and it really screws over people like you with legit issues. A method often used is to not see your PCP but a rando doctor to support the ailment/need for leave. What makes it worse is when FMLA management is outsourced.

    “I don't know the key to success, but the key to failure is trying to please everyone.”
    ― Bill Cosby
    spool32
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